Bill > HB391

This bill establishes a comprehensive legal framework to protect individuals and organizations from Strategic Lawsuits Against Public Participation (SLAPP), which are legal actions designed to silence or intimidate critics by burdening them with costly litigation. The bill provides substantive immunity for defendants who are sued for exercising their First Amendment rights or rights of free speech when discussing matters of public concern. Under this law, a defendant can file a special motion to dismiss such a lawsuit if it appears to be targeting their constitutionally protected expression. The bill requires plaintiffs to demonstrate a high probability of prevailing on their claim, and if a defendant successfully invokes this anti-SLAPP protection, they are entitled to recover their legal costs and attorneys' fees. The law applies to various legal proceedings, including court cases, administrative hearings, and arbitrations, and covers actions brought in New Hampshire state courts as well as potentially in federal courts and other jurisdictions. Notably, the bill also creates a separate cause of action for individuals who are sued in jurisdictions that refuse to apply these anti-SLAPP protections, allowing them to seek damages if they ultimately prevail in the original lawsuit. The law will take effect on January 1, 2026, and will apply retroactively to pending legal actions to the fullest extent possible.

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https://gc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=0386&sy=2025&sortoption=&txtsessionyear=2025&txtbillnumber=HB391