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| 2 | 2 | | SENATE DOCKET, NO. 2183 FILED ON: 1/17/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1250 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Rebecca L. Rausch |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act strengthening the commonwealth's Anti-SLAPP law. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and Middlesex 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 2183 FILED ON: 1/17/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1250 |
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| 18 | 18 | | By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1250) of Rebecca L. Rausch for |
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| 19 | 19 | | legislation to strengthen the commonwealth's Anti-SLAPP law. The Judiciary. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 1113 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act strengthening the commonwealth's Anti-SLAPP law. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 Section 59H of chapter 231 of the General Laws, as appearing in the 2022 Official |
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| 31 | 31 | | 2Edition, is hereby amended by striking out the section in its entirety and inserting in place |
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| 32 | 32 | | 3thereof the following new section:- |
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| 33 | 33 | | 4 Section 59H. Strategic Litigation Against Public Participation; Special Motion to Dismiss |
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| 34 | 34 | | 5 (a) In any case in which a party asserts that the civil claims, counterclaims, or cross |
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| 35 | 35 | | 6claims against it are based, either in whole or in part, on its exercise of freedom of expression, |
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| 36 | 36 | | 7freedom of speech or freedom of petition under the Constitution of the United States or the |
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| 37 | 37 | | 8constitution of the commonwealth, the party may bring a special motion to dismiss. |
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| 38 | 38 | | 9 (b) The court shall advance any such special motion so that it may be heard and |
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| 39 | 39 | | 10determined as expeditiously as possible. For those claims or allegations that are based on 2 of 3 |
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| 40 | 40 | | 11protected speech activity, the court shall grant such special motion, unless the party against |
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| 41 | 41 | | 12whom such special motion is made shows that: (i) the moving party’s exercise of its right to the |
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| 42 | 42 | | 13freedom of petition, the freedom of speech, the freedom of expression or in connection with any |
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| 43 | 43 | | 14matter of public concern, either acting solely or in concert with other citizens, was devoid of any |
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| 44 | 44 | | 15reasonable factual support or any arguable basis in law; and (ii) the moving party’s acts caused |
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| 45 | 45 | | 16actual injury to the responding party. In making its determination, the court shall consider the |
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| 46 | 46 | | 17pleadings and supporting and opposing affidavits stating the facts upon which the liability or |
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| 47 | 47 | | 18defense is based. |
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| 48 | 48 | | 19 (c) The attorney general, on their behalf or on behalf of any government agency or |
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| 49 | 49 | | 20subdivision to which the moving party’s acts were directed, may intervene to defend or |
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| 50 | 50 | | 21otherwise support the moving party on such special motion. |
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| 51 | 51 | | 22 (d) All discovery proceedings shall be stayed upon the filing of a special motion to |
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| 52 | 52 | | 23dismiss pursuant to this section; provided, however, that the court, on motion and after a hearing |
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| 53 | 53 | | 24and for good cause shown, may order that limited, specified discovery on the motion may be |
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| 54 | 54 | | 25conducted. The stay of discovery shall remain in effect until notice of entry of the order ruling on |
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| 55 | 55 | | 26the special motion. |
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| 56 | 56 | | 27 (e) The special motion to dismiss may be filed within 60 days of the service of the |
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| 57 | 57 | | 28complaint or, in the court’s discretion, at any later time upon terms it deems proper. |
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| 58 | 58 | | 29 (f) If the court grants a special motion to dismiss filed pursuant to this section, the court |
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| 59 | 59 | | 30shall award the moving party all costs and reasonable attorneys’ fees, including those incurred |
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| 60 | 60 | | 31for the special motion and any related discovery matters. Nothing in this section shall affect the |
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| 61 | 61 | | 32right of the moving party to any remedy otherwise authorized by law. 3 of 3 |
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| 62 | 62 | | 33 (g) As used in paragraph (b) of this section, the phrase “freedom of petition, the freedom |
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| 63 | 63 | | 34of speech, the freedom of expression” means those rights as defined under the United States |
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| 64 | 64 | | 35Constitution or the constitution of the commonwealth. |
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| 65 | 65 | | 36 (h) As used in paragraph (b) of this section, the term “any matter of public concern” shall |
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| 66 | 66 | | 37include any written or verbal statement that is recorded, displayed or distributed in person or via |
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| 67 | 67 | | 38any form of media, concerning any topic or subject related to a good, product, or service in the |
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| 68 | 68 | | 39marketplace or otherwise offered to the public. |
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