Bill > S1261

This bill addresses strategic litigation against public participation (known as SLAPP suits) by establishing comprehensive protections for free speech and petition rights. The legislation creates a robust legal framework that allows defendants to quickly dismiss lawsuits aimed at silencing public discourse on matters of public concern. Key provisions include creating a qualified immunity for individuals exercising their First Amendment rights, allowing defendants to file special motions to dismiss such lawsuits, and requiring plaintiffs to demonstrate a high probability of prevailing on their claims. The bill also introduces a "SLAPP back" mechanism, enabling defendants who successfully defend against such suits to recover damages, attorneys' fees, and costs. Notably, the bill requires courts to handle anti-SLAPP motions within 30 judicial days, provides for interlocutory appeals, and establishes that successful defendants can recover all actual costs and reasonable attorneys' fees. The legislation applies retroactively to pending actions and includes a unique provision that would preserve the standard set by the landmark New York Times v. Sullivan case even if the U.S. Supreme Court were to overturn that decision, ensuring robust protections for speech about public officials by requiring plaintiffs to prove knowingly false statements or reckless disregard for the truth.

Justice

https://malegislature.gov/Bills/194/S1261