In 1995, a number of First Amendment rights groups, including CASP, wrote a simple version of a federal anti-SLAPP law, largely borrowed from George Pring and Penelope Canan's model state law in their book, SLAPPs: Getting Sued for Speaking Out.
The Citizen Participation in Government Act of [Year]
Federal Anti-SLAPP Legislation
[Date]
Section 1. Short Title.
This Act may be cited as the "Citizen Participation in Government Act."
Section 2. Table of Contents.
The table of contents for this Act is as follows.
Section 1. Short Title
Section 2. Table of Contents
Section 3. Congressional Findings and Declaration of Purposes
Section 4. Immunity
Section 5. Applicability
Section 6. Required Procedures
Section 7. Definitions
Section 8. General Provisions
Section 3. Congressional Findings and Declaration of Purposes.
(a) FINDINGS. — The Congress finds and declares that —
(1) the framers of the American Constitution, recognizing citizen participation in the government as an inalienable right essential to the survival of democracy, secured its protection through the right to petition the government for redress of grievances in the First Amendment to the Constitution;
(2) the communications, information, opinions, reports, testimony, claims and arguments provided by citizens to their government are essential to wise government decisions and public policy, the public health, safety and welfare, effective law enforcement, the efficient operation of government programs, regulation of commerce, the credibility and trust afforded government, and the continuation of America's republican form of government through representative democracy;
(3) civil lawsuits and counterclaims, often claiming millions of dollars, have been and are being filed against thousands of citizens, businesses, and organizations based on their valid exercise of their right to petition, including seeking relief, influencing action, informing, communicating, and otherwise participating with government bodies, officials, or employees or the electorate;
(4) such lawsuits, called "Strategic Lawsuits Against Public Participation" or "SLAPPs," are typically dismissed as unconstitutional, but often not before the defendants are put to great expense, harassment, and interruption of their productive activities;
(5) the number of SLAPPs has increased significantly over the past 30 years;
(6) SLAPPs are an abuse of the judicial process; they are used to censor, chill, intimidate, or punish citizens, businesses, and organizations for involving themselves in public affairs, and controlling SLAPPs will make a major contribution to lawsuit reform;
(7) the threat of financial liability, litigation costs, destruction of one's business, loss of one's home, and other personal losses from groundless lawsuits seriously affects government, commerce, and individual rights by significantly diminishing public participation in government, in public issues, and in voluntary service;
(8) while a number of federal and state courts have recognized and discouraged SLAPPs and some state legislatures have provided safeguards, protection of these important rights has not been uniform or comprehensive and a significant number of state laws and court procedures substantially discriminate against, impair, or defeat this federal right;
(9) while some citizen communications to government inevitably will be incorrect, unsound, self-interested, or not in good faith, it is essential in our democracy that the constitutional rights of citizens to participate fully in the process of government be uniformly, consistently and comprehensively protected and encouraged.
(b) PURPOSES. — The purposes of this Act are —
(1) to protect and encourage citizen participation in government to the maximum extent permitted by law;
(2) to create a more equitable balance between the rights of persons to file lawsuits and to trial by jury and the rights of persons to petition, speak out, associate, and otherwise participate in their governments;
(3) to support the operation of and assure the continuation of representative government in America, including the protection and regulation of commerce, by protecting public participation in government programs, public policy decisions, and other actions;
(4) to establish a balanced, uniform, comprehensive process for speedy adjudication of SLAPPs in both federal and state courts as a major contribution to lawsuit reform;
(5) to provide for attorney fees, costs, and damages for persons whose citizen participation rights have been violated by the filing of a SLAPP against them.
Acts in furtherance of the constitutional right to petition, including seeking relief, influencing action, informing, communicating, and otherwise participating in the processes of government, shall be immune from civil liability, regardless of intent or purpose, except where not aimed at procuring any governmental or electoral action, result, or outcome. This Act shall create substantive and procedural federal rights which shall be enforceable in federal and state courts.
This Act applies to any motion to dispose of a claim in a judicial proceeding on the grounds that the claim is based on, relates to, or is in response to any act or acts of the moving party in furtherance of the moving party's rights as described in section 4.
Section 6. Required Procedures.
On the filing of any motion as described in Section 5 all federal and state courts shall, at a minimum, provide procedures and rights consistent with the following, to protect the federal right —
(a) The motion shall be treated as one for summary judgment:
(1) the trial court shall use a time period appropriate to preferred or expedited motions; and,
(2) the moving party shall have a right of expedited appeal from a trial court order denying such a motion or from a trial court failure to rule on such a motion in expedited fashion;
(b) Discovery shall be suspended, pending decision on the motion and appeals;
(c) The responding party shall have the burden of proof, of going forward with the evidence, and of persuasion on the motion;
(d) The court shall make its determination based upon the facts contained in the pleadings and affidavits filed;
(e) The court shall grant the motion and dismiss the judicial claim, unless the responding party has produced clear and convincing evidence that the acts of the moving party are not immunized from liability by section 4;
(f) Any government body to which the moving party's acts were directed or the Attorney General of the United States or of any state may intervene to defend or otherwise support the moving party in the SLAPP;
(g) The court shall award a moving party who is dismissed, without regard to any limits under state law:
(1) costs of litigation (including reasonable attorney and expert witness fees) incurred in connection with the motion; and,
(2) such additional sanctions upon the responding party, its attorneys, or law firms, as it determines will be sufficient to deter repetition of such conduct and comparable conduct by others similarly situated;
(h) A person damaged or injured by reason of a claim filed in violation of their rights under section 4 may seek relief in the form of a claim for actual or compensatory damages, as well as punitive damages, attorney fees, and costs, from the person or persons responsible.
As used in this Act —
(a) "Government" includes a branch, department, agency, instrumentality, official, employee, agent, or other person acting under color of law of the United States, a state, or subdivision of a state or other public authority, including the electorate;
(b)"State" includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States;
(c) "Person" includes any individual, corporation, association, organization, partnership, two or more persons having a joint or common interest, or other legal entity;
(d) "Judicial claim" or "claim" include any lawsuit, cause of action, claim, cross-claim, counterclaim, or other judicial pleading or filing requesting relief;
(e) "Motion" includes any motion to dismiss, for summary judgment, for judgment on the pleadings to strike, demurrer, or any other judicial pleading filed to dispose of a judicial claim;
(f) "Moving party" means any person on whose behalf the motion described in section 5 is filed seeking dismissal to the judicial claim; and
(g) "Responding party" means any person against whom the motion described in section 5 is filed.
Section 8. General Provisions.
(a) RELATIONSHIP TO OTHER LAWS. — Nothing in this Act shall limit or preclude any rights the moving party may have under any other constitutional, statutory, case or common law, or rule provisions.
(b) RULE OF CONSTRUCTION. — This act shall be construed liberally to effectuate its purposes and intent fully.
(c) SEVERABILITY OF PROVISIONS. — If any provision of this Act or the application of any provision of this Act to any person or circumstance is held invalid, the application of such provision to other persons or circumstances and the remainder of this Act shall not be affected thereby.
(d) PREEMPTION. — Nothing in this Act shall preempt or supersede any state law which provides the equivalent or greater protection for parties engaging in the act of petitioning their government.
(e) EFFECTIVE DATE. — This Act shall take effect immediately.
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