The proposed bill aims to establish the West Virginia Public Participation Act, which is designed to protect individuals and entities exercising their constitutional rights of free speech, petition, and association in matters of public concern. It introduces a new article to the Code of West Virginia, outlining legislative findings, definitions, and procedures for litigants to petition for the dismissal of strategic lawsuits against public participation (SLAPP). The bill emphasizes the importance of encouraging public engagement while safeguarding the right to file legitimate lawsuits for demonstrable harm.

Key provisions include the ability for defendants to petition for dismissal of SLAPPs within 60 days of service, expedited court hearings, and the establishment of burdens of proof for both parties. If a court dismisses a SLAPP, it is mandated to award the defending party their costs and attorney fees. The bill also specifies exceptions to its applicability, such as personal injury claims and defamation actions, ensuring that it does not create new causes of action or alter existing legal protections. Overall, the West Virginia Public Participation Act seeks to balance the protection of free speech with the right to pursue legitimate legal claims.

Statutes affected:
Introduced Version: 55-22-1, 55-22-2, 55-22-3, 55-22-4, 55-22-5, 55-22-6, 55-22-7, 55-22-8