Maryland 2022 Regular Session

Maryland Senate Bill SB315

Introduced
1/20/22  

Caption

Courts - Strategic Lawsuits Against Public Participation

Summary

Senate Bill 315 focuses on modifying the legal framework surrounding Strategic Lawsuits Against Public Participation (SLAPP) in Maryland. The bill aims to clarify when a lawsuit constitutes a SLAPP suit, emphasizing protection for individuals who engage in acts of communication regarding public issues, thereby reinforcing their First Amendment rights. Specifically, the legislation outlines the criteria under which a lawsuit is deemed a SLAPP suit and sets forth the grounds for dismissal of such claims. By enhancing the legal standards that define SLAPP suits, the bill seeks to deter the misuse of litigation as a tool for silencing dissent and inhibiting public discourse. One significant alteration introduced by SB315 is the definition of what constitutes a SLAPP suit. The bill expands this definition to include not only lawsuits brought in bad faith but also those that inhibit individuals' rights to petition or speak freely, directly tying these protections to activities relating to public issues or interests. Utilizing these more comprehensive definitions, the bill permits defendants in potential SLAPP suits to file motions for dismissal, placing the burden of proof on plaintiffs to demonstrate substantial justification for their lawsuits. The legislation's impact on state law is notable, as it aims to limit abuses of the legal system by ensuring that people can litigate against harmful speech without fearing retaliatory lawsuits intended to stifle legitimate participation in public discourse. The revisions in the bill also impose greater obligation on courts to expedite SLAPP claims, mandating that hearings on motions to dismiss be conducted promptly and ensuring that defendants have recourse to seek dismissal without undue delay. Notably, the bill has garnered various reactions from stakeholders. Proponents argue that SB315 is a vital step toward protecting free speech and empowering citizens to engage more actively in political and social processes without fear of legal repercussions. Conversely, critics express concern that the bill might unintentionally insulate bad actors from legitimate legal accountability, particularly in cases where harmful or defamatory statements are made under the guise of public participation. These points of contention illuminate the ongoing balance state legislators must strike between safeguarding free speech and preventing potential abuses of such rights.

Companion Bills

MD HB70

Crossfiled Courts – Strategic Lawsuits Against Public Participation

Similar Bills

No similar bills found.