Bill > S04546

This bill amends the New York Civil Rights Law to provide clearer protections against Strategic Lawsuits Against Public Participation (SLAPP) and refine the legal framework for such cases. The bill defines a SLAPP as a lawsuit involving public participation that lacks a substantial basis in fact or law, introducing a heightened pleading standard that requires demonstrating a probability of prevailing on a claim. It enhances defendants' rights by allowing them to file a substantive counterclaim to recover damages, including attorney's fees, from a SLAPP plaintiff if they can prove the lawsuit was initiated to harass, intimidate, or inhibit free speech, petition, or association rights. The bill also broadens the definition of "public interest" to include matters of political, social, community concern, or legitimate news interest. Additionally, the bill clarifies that defendants can obtain costs and attorney's fees through various legal procedures, such as specific motion types or by demonstrating the lawsuit's lack of substantial legal merit. The amendments apply to both pending and new legal actions filed on or after November 10, 2020, providing retroactive protection against frivolous lawsuits designed to suppress public participation and free speech.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S4546