EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0129*
HOUSE BILL 129
D3 3lr0349
HB 70/22 – JUD CF SB 619
By: Delegate Rosenberg
Introduced and read first time: January 13, 2023
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: February 25, 2023
CHAPTER ______
AN ACT concerning 1
Courts – Strategic Lawsuits Against Public Participation 2
FOR the purpose of altering the conditions under which a lawsuit is a strategic lawsuit 3
against public participation (SLAPP suit); altering the conditions under which a 4
defendant in a SLAPP suit is not civilly liable for certain communications; 5
establishing certain standards and requirements relating to a motion to dismiss an 6
alleged SLAPP suit; and generally relating to SLAPP suits. 7
BY repealing and reenacting, with amendments, 8
Article – Courts and Judicial Proceedings 9
Section 5–807 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2022 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Courts and Judicial Proceedings 15
5–807. 16
(a) In this section, “SLAPP suit” means a strategic lawsuit against public 17
participation. 18
(b) [A] SUBJECT TO SUBSECTION (C) OF THIS SECTION, A lawsuit is a SLAPP 19 2 HOUSE BILL 129
suit if it is[: 1
(1) Brought in bad faith against a party who has communicated with a 2
federal, State, or local government body or the public at large to report on, comment on, 3
rule on, challenge, oppose, or in any other way exercise rights under the First Amendment 4
of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration 5
of Rights regarding any matter within the authority of a government body or any issue of 6
public concern; 7
(2) Materially related to the defendant’s communication; and 8
(3) Intended to inhibit or inhibits the exercise of rights under the First 9
Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland 10
Declaration of Rights] BROUGHT AGAINST A PE RSON BASED ON AN ACT OR A 11
STATEMENT OF THE PER SON THAT WAS DONE OR MADE IN FURTHERANCE OF THE 12
PERSON’S RIGHT OF PETITION OR FREE SPEECH UNDER THE UNITED STATES 13
CONSTITUTION OR THE MARYLAND CONSTITUTION OR DECLARATIO N OF RIGHTS 14
IN CONNECTION WITH A PUBLIC ISSUE OR AN I SSUE OF PUBLIC INTER EST, 15
INCLUDING A WRITTEN OR ORAL STATEMENT MA DE: 16
(1) BEFORE A LEGISLATIVE , EXECUTIVE, OR JUDICIAL PROCEEDI NG 17
OR ANY OTHER OFFICIA L PROCEEDING AUTHORI ZED BY LAW; 18
(2) IN CONNECTIO N WITH AN ISSUE UNDE R CONSIDERATION OR 19
REVIEW BY A LEGISLAT IVE, EXECUTIVE, OR JUDICIAL BODY OR ANY OTHER OFFICIAL 20
PROCEEDING AUTHORIZE D BY LAW; 21
(3) IN A PLACE OPEN TO TH E PUBLIC OR A PUBLIC FORUM IN 22
CONNECTION WITH AN I SSUE OF PUBLIC INTER EST; OR 23
(4) TO A GOVERNMENT OFFIC IAL OR AN INDIVIDUAL RUNNING FOR 24
PUBLIC OFFICE . 25
(C) A LAWSUIT IS NOT A SLAPP SUIT IF: 26
(1) THE LAWSUIT IS BROUGH T IN THE PUBLIC INTE REST OR ON 27
BEHALF OF THE GENERA L PUBLIC AND EACH OF THE FOLLOWING CONDIT IONS 28
EXISTS: 29
(I) EXCEPT FOR CLAIMS FOR AT TORNEY’S FEES, COSTS, OR 30
PENALTIES, THE PLAINTIFF DOES N OT SEEK ANY RELIEF G REATER THAN OR 31
DIFFERENT FROM THE R ELIEF SOUGHT FOR THE GENERAL PUBLIC OR A CLASS OF 32
WHICH THE PLAINTIFF IS A MEMBER; 33
(II) THE LAWSUIT , IF SUCCESSFUL , WOULD ENFORCE AN 34 HOUSE BILL 129 3
IMPORTANT RIGHT AFFE CTING THE PUBLIC INT EREST AND WOULD CONF ER A 1
SIGNIFICANT BENEFIT , PECUNIARY OR NONPECU NIARY, TO THE GENERAL PUBLI C 2
OR A LARGE CLASS OF PERSONS; AND 3
(III) PRIVATE ENFORCEMENT I S NECESSARY AND PLAC ES A 4
DISPROPORTIONATE FIN ANCIAL BURDEN ON THE PLAINTIFF IN RELATIO N TO THE 5
PLAINTIFF’S STAKE IN THE MATTE R; OR 6
(2) THE LAWSUIT INVOLVES A DEFENDANT WHO : 7
(I) PRIMARILY ENGAGES IN THE BUSINESS OF SELL ING OR 8
LEASING GOODS OR SER VICES, INCLUDING INSURANCE , SECURITIES, OR FINANCIAL 9
INSTRUMENTS ; AND 10
(II) 1. MADE A STATEMENT OR E NGAGED IN CONDUCT TH AT 11
CONSISTED OF REPRESE NTATIONS OF FACT ABO UT THE DEFENDANT ’S OR A 12
BUSINESS COMPETITOR ’S BUSINESS OPERATION S, GOODS, OR SERVICES FOR THE 13
PURPOSE OF OBTAINING APPROVAL FOR , PROMOTING , OR SECURING SALES OR 14
LEASES OF OR COMMERC IAL TRANSACTIONS IN THE DEFENDANT ’S GOODS OR 15
SERVICES; OR 16
2. IN THE COURSE OF DELI VERING THE DEFENDANT ’S 17
GOODS OR SERVICES IS ALLEGED TO HAVE MADE A STATEMENT OR ENGAG ED IN 18
CONDUCT THAT DISPARA GES A BUSINESS COMPETITOR ’S BUSINESS OPERATION S, 19
GOODS, OR SERVICES. 20
[(c)] (D) A defendant in a SLAPP suit is not civilly liable for communicating with 21
a federal, State, or local government body or the public at large, if the defendant, without 22
constitutional malice, [reports on, comments on, rules on, challenges, opposes, or in any 23
other way exercises rights under the First Amendment of the U.S. Constitution or Article 24
10, Article 13, or Article 40 of the Maryland Declaration of Rights] ACTED IN 25
FURTHERANCE OF THE DEFENDANT’S RIGHT OF PETITION OR FREE SPEECH UNDER 26
THE UNITED STATES CONSTITUTION OR THE MARYLAND CONSTITUTION OR 27
DECLARATION OF RIGHTS regarding any matter within the authority of a government 28
body or any PUBLIC issue OR ISSUE of public [concern] INTEREST. 29
[(d)] (E) (1) A defendant in an alleged SLAPP suit may move to: 30
[(1)] (I) Dismiss the alleged SLAPP suit, in which case the court shall 31
hold a hearing on the motion to dismiss as soon as practicable AND RULE EXPEDITIOUS LY; 32
or 33
[(2)] (II) Stay all court proceedings until the matter about which the 34
defendant communicated to the government body or the public at large is resolved. 35 4 HOUSE BILL 129
(2) IT IS THE PLAINTIFF’S BURDEN IN RESPONDI NG TO A MOTION TO 1
DISMISS TO SHOW THAT THE ALLEGED SLAPP SUIT HAS SUBSTANTIA L 2
JUSTIFICATION IN LAW AND FACT. 3
(3) (I) IF IT APPEARS LIKELY THAT DISCOVERY WILL ENABLE THE 4
PLAINTIFF TO DEFEAT A MOTION TO DISMISS AND THAT THE DISCOVE RY WILL NOT 5
BE UNDULY BURDENSOME , THE COURT MAY ORDER THAT SPECIFIED DISCOVERY BE 6
CONDUCTED . 7
(II) AN ORDER UNDER THIS P ARAGRAPH SHALL BE 8
CONDITIONED ON THE P LAINTIFF PAYING ANY EXPENSES INCURRED BY THE 9
DEFENDANT IN RESPOND ING TO THE DISCOVERY . 10
(4) (I) IF THE COURT GRANTS A N ANTI–SLAPP MOTION, THE 11
COURT SHALL AWARD CO STS AND REASONABLE A TTORNEY’S FEES TO THE MOVING 12
PARTY IF THE COURT D ETERMINES THAT JUSTI CE AND EQUITY REQUIR E IT. 13
(II) IF THE COURT FINDS TH AT A MOTION TO DISMI SS IS 14
FRIVOLOUS OR SOLELY INTENDED TO CAUSE UN NECESSARY DELAY , THE COURT MAY 15
AWARD COSTS AND REAS ONABLE ATTORNEY ’S FEES TO THE RESPONDING PA RTY. 16
[(e)] (F) This section: 17
(1) Is applicable to SLAPP suits notwithstanding any other law or rule; and 18
(2) Does not diminish any equitable or legal right or remedy otherwise 19
available to a defendant in a SLAPP suit. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 21
apply only prospectively and may not be applied or interpreted to have any effect on or 22
application to any cause of action arising before the effective date of this Act. 23
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2023. 25