Bill Text: NJ A1891 | 2010-2011 | Regular Session | Introduced
Bill Title: Authorizes a motion to dismiss in a cause of action (a "SLAPP" suit) arising from a defendant's valid exercise of the constitutional rights of freedom of speech.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-25 - Introduced, Referred to Assembly Judiciary Committee [A1891 Detail]
Download: New_Jersey-2010-A1891-Introduced.html
Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
SYNOPSIS
Authorizes a motion to dismiss in a cause of action (a "SLAPP" suit) arising from a defendant's valid exercise of the constitutional rights of freedom of speech.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning claims arising from a defendant's valid exercise of certain constitutional rights and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. There has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances;
b. The threat of a civil action for damages in these situations and the costs associated with defending such suits can be severely burdensome and deter individuals and entities from fully exercising their constitutional rights to speak out on public issues;
c. It is in the public interest for citizens to participate in matters of public concern and provide information to public entities and other citizens on public issues that affect them without fear of reprisal through abuse of the judicial process;
d. An expedited judicial review would avoid the potential for abuse in these cases. Since the practice and procedure in the courts is constitutionally committed to the Supreme Court's rule making authority, these cases provide an opportunity for a cooperative effort between the branches of government.
2. As used in this act:
a. "Valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances" includes, but is not limited to, any written or oral statement or writing made before a public entity; any written or oral statement or writing made in connection with an issue under consideration or review by a public entity; any written or oral statement or writing made in a place open to the public or a public forum, which shall include but not be limited to communications with the media, in connection with an issue of public interest; or any other conduct in furtherance of the constitutional right of petition or freedom of speech or public participation in connection with an issue of public interest.
b. "Public entity" means the federal government, the State, a municipality, a county, a school district or charter school board and any agency, board, body or authority thereof and any other public body in this State.
3. In accordance with such New Jersey Court Rules as may be promulgated, a cause of action against a person arising from any act of that person in furtherance of the person's valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances shall be subject to a motion to dismiss, unless the court determines that the plaintiff has established that there is a reasonable probability that the plaintiff will prevail on the claim. 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. Upon the filing of a motion to dismiss, discovery shall be suspended pending the final disposition of the motion, including any appeal; provided that the court may, on motion and after a hearing and good cause shown, order that specified and limited discovery be conducted. If the court determines that the plaintiff has established a reasonable probability that the plaintiff will prevail on the claim, neither that determination nor the fact of that determination shall be admissible in evidence at any later stage of the case or future related cases.
4. A prevailing defendant on a motion to dismiss shall be entitled to recover:
a. attorney's fees and costs; and
b. other compensatory damages upon an additional demonstration that the suit was commenced or continued for the purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the free exercise of speech, petition or assembly rights.
5. A public entity which has received a written or oral statement or writing made in connection with an issue under consideration or review by the public entity as provided by section 3 of this act may intervene in and defend against any suit for damages arising out of the communication to the public entity. The office of the Attorney General may intervene and defend against such suit if the public entity fails to do so.
6. This act shall take effect immediately.
STATEMENT
According to recent reports, lawsuits have been filed in increasing numbers against individuals who speak out to public officials about public issues. Nicknamed "SLAPPS" ("Strategic Lawsuits Against Public Participation") by consumer advocates, these lawsuits are brought for the purpose of ending public debate on the underlying issue. Even though most of the suits are legally baseless and are eventually dismissed by the courts, the defendants often incur substantial expenses, such as court costs and attorney fees, in defending themselves.
This bill would attempt to remedy this situation by providing for a prompt judicial assessment of these actions before the defendants incur substantial legal fees. The bill provides that, in accordance with such court rules as may be promulgated by the New Jersey Supreme Court, a cause of action against a person arising from any act of that person in furtherance of the person's valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances shall be subject to a motion to dismiss. The cause of action would not be subject to the motion to dismiss if the court determines that the plaintiff has established a reasonable probability that the plaintiff will prevail on the claim.
The bill provides that the term "valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances" includes but is not limited to "any written or oral statement or writing made before a public entity; any written or oral statement or writing made in connection with an issue under consideration or review by a public entity; any written or oral statement or writing made in a place open to the public or a public forum, which shall include but not be limited to communications with the media, in connection with an issue of public interest; or any other conduct in furtherance of the constitutional right of petition or freedom of speech or public participation in connection with an issue of public interest."
Under the bill, upon filing of a motion to dismiss all discovery would be suspended pending the final disposition of the motion, including any appeal; however, the court may, on motion and after a hearing and good cause shown, order that specified and limited discovery be conducted. If the court determines that the plaintiff has established a reasonable probability that the plaintiff will prevail on the claim, neither that determination nor the fact of that determination would be admissible in evidence at any later stage of the case or future related cases.
A prevailing defendant on a motion to dismiss would be entitled to recover attorney's fees and costs. Upon an additional demonstration that the suit was commenced or continued for the purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the free exercise of speech, petition or assembly rights, the prevailing defendant would also be entitled to recover other compensatory damages.
The bill provides that a public entity would be entitled to intervene in and defend against any such suit. If the entity fails to intervene, the Attorney General would be entitled to do so.
