Bill > HB4866

This bill establishes the West Virginia Public Participation Protection Act, designed to shield individuals and entities from lawsuits that aim to stifle their freedom of speech, press, petition, assembly, or association, including online expression, particularly when these actions relate to matters of public concern such as health, safety, economic well-being, or government officials. The Act defines key terms like "exercise of the right of free speech" as communication on public matters, "exercise of the right to petition" as communication related to government proceedings, and "matter of public concern" broadly to encompass various societal issues. It applies to lawsuits stemming from such protected activities, including online posts, consumer reviews, and even the preparation of expressive works, with exceptions for state enforcement actions and purely contractual disputes not involving public participation. A central provision allows defendants to file a "special motion to dismiss" within 60 days of a lawsuit being filed, which automatically pauses all legal proceedings and discovery until the motion is heard and decided, with strict timelines for court rulings. If the defendant successfully shows the Act applies and the plaintiff cannot demonstrate a likelihood of winning the case with admissible evidence, the lawsuit will be dismissed. Orders on these motions are immediately appealable, and the Act mandates that prevailing defendants recover their attorney's fees and costs, with additional sanctions, including treble costs or civil penalties, for lawsuits found to be brought in bad faith or to intentionally silence protected speech.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4866&year=2026&sessiontype=RS&btype=bill