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Bill > H3263


MA H3263

Relative to strengthen the Commonwealth's Anti-SLAPP law


summary

Introduced
01/22/2019
In Committee
01/22/2019
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

191st General Court

Bill Summary

For legislation to ensure full participation by citizens and organizations in discussion of issues regarding the right to the freedom of petition, the freedom of speech, the freedom of expression or any matter of public concern. The Judiciary.

AI Summary

This bill aims to strengthen the Commonwealth's Anti-SLAPP (Strategic Litigation Against Public Participation) law. The key provisions include: 1. Clarifying the purpose of the law, which is to ensure full participation by citizens and organizations in robust discussions on issues related to the freedom of petition, speech, expression, or any matter of public concern. The law recognizes that such litigation is disfavored and should be resolved quickly with minimum cost to those exercising their First Amendment rights. 2. Establishing a special motion to dismiss process, where a party can file a motion to dismiss claims based on their exercise of the right to freedom of expression, speech, or petition. The court shall grant the motion unless the opposing party can show that the moving party's actions were devoid of any reasonable factual or legal basis and caused actual injury. 3. Allowing the Attorney General to intervene to defend or support the moving party on the special motion to dismiss. 4. Staying discovery proceedings upon the filing of the special motion to dismiss, with limited exceptions. 5. Awarding costs and reasonable attorneys' fees to the moving party if the special motion to dismiss is granted. 6. Defining "freedom of petition, freedom of speech, freedom of expression" and "any matter of public concern" to provide clarity on the scope of the law. Overall, this bill aims to strengthen the Commonwealth's Anti-SLAPP law to better protect citizens and organizations from lawsuits intended to chill their exercise of First Amendment rights on matters of public interest.

Committee Categories

Justice

Sponsors (3)

Last Action

Accompanied a study order, see H5148 (on 11/25/2020)

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