Bill > SB137

This bill establishes procedures for "anti-SLAPP" (Strategic Lawsuit Against Public Participation) actions, which are lawsuits intended to silence critics by burdening them with the cost of litigation. The bill defines "protected public expression" broadly to include communications in or about government proceedings and the exercise of constitutional rights like freedom of speech, press, assembly, and petition on matters of public concern. However, these protections do not apply to actions against government entities or their employees acting officially, or to lawsuits against businesses for issues related to their goods or services, unless those services involve artistic or journalistic works. If a lawsuit is filed that falls under these protections, the defendant can file a special motion to dismiss the case quickly, usually within sixty days. Filing this motion automatically pauses most other legal proceedings, including discovery (the process of gathering evidence), unless specific exceptions are met, such as the need for limited discovery to determine if the case should proceed or to protect against an imminent threat to public health or safety. The court must then hear the motion within sixty days and will dismiss the case if the plaintiff cannot show a valid legal basis for their claim or if the defendant is entitled to judgment. If the defendant wins the anti-SLAPP motion, they are entitled to recover their court costs, attorney fees, and litigation expenses, unless the motion itself is found to be frivolous or intended solely to delay, in which case the plaintiff might recover these costs. Appeals of decisions on these motions are also expedited. The bill emphasizes that these provisions should be broadly interpreted to safeguard constitutional rights.

Justice

https://sdlegislature.gov/#/Session/Bill/26918