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