The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Ms. Creem
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to strengthening the Anti-Slapp Law.
_______________
PETITION OF:
Name: |
District/Address: |
Ms. Creem |
First Middlesex and Norfolk |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE SENATE, NO. S02530 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act relative to strengthening the Anti-Slapp Law.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Section 59H of Chapter
231 of the General Laws, as appearing in the 2006 Official Edition is hereby
amended by striking the section in its entirety and inserting in place
thereof the following new section:-
Section 59H. Strategic litigation
against public participation; special motion to dismiss
The purpose of
this statute is to ensure full participation by citizens and organizations in
the robust discussion of issues before legislative, judicial, and
administrative bodies and in other public fora, including the ability of
citizens to bring matters of public concern to the attention of legislative,
judicial, and administrative bodies, which is so essential to the democratic
process. Because there has been a disturbing increase in lawsuits brought
primarily to chill the valid exercise of constitutional rights of freedom of
speech and petition for the redress of grievances, this statute recognizes that
such litigation is disfavored and should be resolved quickly with minimum cost
to citizens that have participated in matters of public
concern. In furtherance of this purpose, in any case in which
a party asserts that the civil claims, counterclaims, or cross claims against
said party are based, either in whole or in part, on said party’s exercise of
its right of petition under the constitution of the United States or of the
commonwealth, said party may bring a special motion to dismiss.
(a) The
court shall advance any such special motion so that it may be heard and
determined as expeditiously as possible. For those claims or allegations
that are based on protected petitioning activity, the court shall grant such
special motion, unless the party against whom such special motion is made shows
that: (1) the moving party’s exercise of its right to petition, either
acting solely or in concert with other citizens, was devoid of any reasonable
factual support or any arguable basis in law and (2) the moving party’s acts
caused actual injury to the responding party. In making its
determination, the court shall consider the pleadings and supporting and
opposing affidavits stating the facts upon which the liability or defense is
based.
(b) The attorney general, on his
behalf or on behalf of any government agency or subdivision to which the moving
party’s acts were directed, may intervene to defend or otherwise support the
moving party on such special motion.
(c) All discovery proceedings shall
be stayed upon the filing of the special motion under this section; provided,
however, that the court, on motion and after a hearing and for good cause
shown, may order that specified discovery be conducted. The stay of
discovery shall remain in effect until notice of entry of the order ruling on
the special motion.
(d)
Said special motion to dismiss may be filed within sixty days of the service of
the complaint or, in the court’s discretion, at any later time upon terms it
deems proper.
(e) If the court grants such special
motion to dismiss, the court shall award the moving party costs and reasonable
attorney’s fees, including those incurred for the special motion and any
related discovery matters. Nothing in this section shall affect or
preclude the right of the moving party to any remedy otherwise authorized by
law.
(f) As used in this section,
the words “a party’s exercise of its right of petition” shall mean: [1] any
written or oral statement made before or submitted to a legislative, executive,
or judicial body, or any other governmental proceeding;
[2] any written or oral statement made in connection with an issue under
consideration or review by a legislative, executive, or judicial body, or any
other governmental proceeding;
[3] any statement reasonably likely to encourage consideration or review of an
issue by a legislative, executive, or judicial body or any other governmental
proceeding regardless of whether there has been any previous, or presently is
any, ongoing governmental proceeding on that issue;
[4] any statement reasonably likely to enlist public participation in an effort
to effect such consideration, including but not limited to statements made to
journalists or other citizens; or
[5] any other statement falling within constitutional protection of the right
to petition government.