Bill > S1132

This bill aims to provide strong legal protections against strategic lawsuits against public participation (SLAPP suits), which are lawsuits brought primarily to chill the valid exercise of First Amendment rights. The key provisions of the bill include: 1. Establishing a broad, qualified immunity from suits and proceedings that impact First Amendment rights, which can be invoked by a defendant or counter-defendant at any time during the legal proceedings. 2. Providing a special motion to dismiss procedure that allows the court to quickly determine if the claims are based on the defendant's exercise of their First Amendment rights and, if so, to dismiss the claims unless the plaintiff can demonstrate a probability of prevailing on the merits. 3. Creating a "SLAPP Back" statute that allows a person who successfully invokes the anti-SLAPP protections to bring a separate action to recover damages, costs, and fees that could not be recovered in the initial trial court proceedings. 4. Ensuring that the rule laid down in the Supreme Court case New York Times v. Sullivan, which sets a high bar for public officials to prove defamation, remains in effect in the Commonwealth, even if the Supreme Court were to overturn that decision. The overall purpose of the bill is to protect the rights of citizens and organizations to engage in robust discussion and public participation on matters of public concern without fear of being targeted by abusive lawsuits.

Justice

https://malegislature.gov/Bills/193/S1132