,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ggga ,,in ,,the ,,house ,,of ,,representatives ,july #bd1 #bjbj,mr4 ,cohen introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to protect first amendment rights of petition and free speech by preventing ,states and the ,united ,states from allowing meritless lawsuits arising from acts in furtherance of those rights1 commonly called ,s,l,a,p,ps1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,citizen ,participation ,act of #bjbj4 #b4 ,findings ,the ,congress finds and declares that-- 7#a7 the framers of our ,constitution1 recognizing participation in government and freedom of speech as inalienable rights essential to the survival of democracy1 secured their protection through the ,first ,amendment to the ,united ,states ,constitution2 7#b7 the communications1 information1 opinions1 reports1 testimony1 claims and arguments that individuals1 organizations and businesses provide to the government are essential to wise government decisions and public policy1 the public health1 safety1 and welfare1 effective law enforcement1 the efficient operation of government programs1 the credibility and trust afforded government1 and the continuation of ,america's representative democracy2 7#c7 civil lawsuits and counterclaims1 often claiming millions of dollars in damages1 have been and are being filed against thousands of individuals1 organizations1 and businesses based upon their valid exercise of the rights to petition or free speech1 including seeking relief1 influencing action1 informing1 communicating1 and otherwise participating with government1 the electorate1 or in matters of public interest2 7#d7 such lawsuits1 called ,strategic ,lawsuits ,against ,public ,participation or ,s,l,a,p,ps1 are often ultimately dismissed as groundless or unconstitutional1 but not before the defendants are put to great expense1 harassment1 and interruption of their productive activities2 7#e7 it is in the public interest for individuals1 organizations and businesses 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 process2 7#f7 the threat of financial liability1 litigation costs1 destruction of one's business1 loss of one's home1 and other personal losses from groundless lawsuits seriously impacts government1 interstate commerce1 and individual rights by significantly chilling public participation in government1 public issues1 and in voluntary service2 7#g7 ,s,l,a,p,ps are an abuse of the judicial process that waste judicial resources and clog the already over-burdened court dockets2 7#h7 while some courts and ,state legislatures have recognized and discouraged ,s,l,a,p,ps1 protection against ,s,l,a,p,ps has not been uniform or comprehensive2 and 7#i7 some ,,slapp victims are deprived of the relief to which they are entitled because the current bankruptcy law allows for the discharge of fees1 costs and damages awarded against a party for maintaining a ,,slapp4 #c4 ,immunity for petition activity 7a7 ,immunity ,any act of petitioning the government made without knowledge of falsity or reckless disregard of falsity shall be immune from civil liability4 7b7 ,burden and standard of proof ,a plaintiff must prove knowledge of falsity or reckless disregard of falsity by clear and convincing evidence4 #d4 ,protection for petition and speech activity ,any act in furtherance of the constitutional right of petition or free speech shall be entitled to the procedural protections provided in this ,act4 #e4 ,special motion to dismiss 7a7 ,in general ,a party may file a special motion to dismiss any claim arising from an act or alleged act in furtherance of the constitutional right of petition or free speech within #de days after service of the claim if the claim was filed in ,federal court or1 if the claim was removed to ,federal court pursuant to section #f of this ,act1 within #ae days after removal4 7b7 ,burdens of the parties ,a party filing a special motion to dismiss under this ,act has the initial burden of making a prima facie showing that the claim at issue arises from an act in furtherance of the constitutional right of petition or free speech4 ,if the moving party meets this burden1 the burden shifts to the responding party to demonstrate that the claim is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment4 7c7 ,stay of discovery ,upon the filing of a special motion to dismiss1 discovery proceedings in the action shall be stayed until notice of entry of an order disposing of the motion1 except that the court1 on noticed motion and for good cause shown1 may order that specified discovery be conducted4 7d7 ,expedited hearing ,the court shall hold an expedited hearing on the special motion to dismiss1 and issue a ruling as soon as practicable after the hearing4 ,the parties may submit the pleadings and affidavits stating the facts upon which the liability or defense is based4 ,the court shall explain the reasons for its grant or denial of the motion in a statement for the record4 ,if the special motion to dismiss is granted1 dismissal shall be with prejudice4 7e7 ,immediate appeal ,the defendant shall have a right of immediate appeal from a district court order denying a special motion to dismiss in whole or in part4 #f4 ,federal removal jurisdiction 7a7 ,in general ,a civil action commenced in a ,state court against any person who asserts as a defense the immunity provided for in section #c of this ,act1 or asserts that the action arises from an act in furtherance of the constitutional right of petition or free speech1 may be removed by the defendant to the district court of the ,united ,states for the district and division embracing the place wherein it is pending4 7b7 ,remand of remaining claims ,a court exercising jurisdiction under this section shall remand any claims against which the special motion to dismiss has been denied1 as well as any remaining claims against which a special motion to dismiss was not brought1 to the ,state court from which it was removed4 7c7 ,timing ,a court exercising jurisdiction under this section shall remand an action if a special motion to dismiss is not filed within #ae days after removal4 #g4 ,special motion to quash 7a7 ,in general ,a person whose personally identifying information is sought in connection with an action pending in ,federal court arising from an act in furtherance of the constitutional right of petition or free speech may make a special motion to quash the discovery order1 request or subpoena4 7b7 ,burdens of the parties ,the person bringing a special motion to quash under this section must make a prima facie showing that the underlying claim arises from an act in furtherance of the constitutional right of petition or free speech4 ,if this burden is met1 the burden shifts to the plaintiff in the underlying action to demonstrate that the underlying claim is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment4 ,this standard shall apply only to a special motion to quash brought under this section4 #h4 ,fees and costs 7a7 ,attorney's fees ,the court shall award a moving party who prevails on a special motion to dismiss or quash the costs of litigation1 including a reasonable attorney's fee4 7b7 ,frivolous motions and removal ,if the court finds that a special motion to dismiss1 special motion to quash1 or the removal of a claim under this ,act is frivolous or is solely intended to cause unnecessary delay1 the court may award a reasonable attorney's fees and costs to the responding party4 7c7 ,government entities ,a government entity may not recover fees pursuant to this section4 #i4 ,bankruptcy nondischargability of fees and costs ,fees or costs awarded against a party by a court for the prosecution of any claim finally dismissed pursuant to this ,act1 or any subpoena or discovery order quashed pursuant to this ,act1 or any claim finally dismissed pursuant to a ,state anti-,,slapp law1 shall not be dischargeable in bankruptcy under section #acbh or section #ebc of title #aa1 ,united ,states ,code4 #aj4 ,exemptions 7a7 ,public enforcement ,sections #d through #h of this ,act shall not be available in any action brought solely on behalf of the public or solely to enforce an important right affecting the public interest4 7b7 ,commercial speech ,this ,act shall not apply to any claim for relief brought against a person primarily engaged in the business of selling or leasing goods or services1 if the statement or conduct from which the claim arises is a representation of fact made for the purpose of promoting1 securing or completing sales or leases of1 or commercial transactions in1 the person's goods or services1 and the intended audience is an actual or potential buyer or customer4 7c7 ,,slapp-,back suits ,this ,act shall not be available to dismiss any action or claim arising from a claim that has been dismissed pursuant to this ,act or to a ,state anti-,,slapp law4 #aa4 ,definitions ,in this ,act3 7#a7 ,act in furtherance of the right of free speech ,the term act in furtherance of the right of free speech includes but is not limited to-- 7,a7 any written or oral statement made in connection with an issue under consideration or review by a legislative1 executive1 or judicial body1 or any other official proceeding authorized by law2 7,b7 any written or oral statement made in a place open to the public or a public forum in connection with an issue of public interest2 or 7,c7 any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with an issue of public interest4 7#b7 ,act of petitioning the government ,the term act of petitioning the government includes but is not limited to any written or oral statement-- 7,a7 made or submitted before a legislative1 executive1 or judicial body1 or any other official proceeding authorized by law2 or 7,b7 any written or oral statement encouraging a statement before a legislative1 executive1 or judicial body1 or any other official proceeding authorized by law4 7#c7 ,claim ,the term claim includes any civil lawsuit1 claim1 complaint1 cause of action1 cross-claim1 counterclaim1 or other judicial pleading or filing requesting relief4 7#d7 ,government entity ,the term government entity includes the ,united ,states1 a branch1 department1 agency1 ,state1 or subdivision of a ,state1 or other public authority4 7#e7 ,issue of public interest ,the term issue of public interest includes an issue related to health or safety2 environmental1 economic or community well-being2 the government2 a public figure2 or a good1 product or service in the market place4 ,issue of public interest shall not be construed to include private interests1 such as statements directed primarily toward protecting the speaker's business interests rather than toward commenting on or sharing information about a matter of public significance4 7#f7 ,personally identifying information ,the term personally identifying information means first and last name or last name only2 home or other physical address including temporary shelter or housing and including a street name or ,,zip ,code2 full date of birth2 email address or other online contact information2 telephone number2 social security number2 internet protocol address or host name that identifies an individual1 or any other information that would serve to identify an individual4 7#g7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 and any commonwealth1 territory1 or possession of the ,united ,states4 #ab4 ,construction ,this ,act shall be liberally construed to effectuate its findings and purposes fully1 except that the exemptions shall be construed narrowly4 #ac4 ,relationship to other laws ,nothing in this ,act shall preempt or supersede any ,federal1 ,state1 constitutional1 case or common law that provides the equivalent or greater protection for persons engaging in activities in furtherance of the rights of petition or free speech4 #ad4 ,severability ,if any provision of this ,act or the application of any provision of this ,act to any person or circumstance is held invalid1 the application of such provision to other persons or circumstances and the remainder of this ,act shall not be affected thereby4 #ae4 ,effective date ,this ,act shall become effective upon enactment4