Maryland 2025 Regular Session

Maryland House Bill HB434 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0434
6	6
7	7	HOUSE BILL 434
8	8	D3 5lr1501
9	9	HB 330/24 – JUD CF SB 167
10	10	By: Delegates Rosenberg, Cardin, Embry, and Kaufman
11	11	Introduced and read first time: January 16, 2025
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Courts – Strategic Lawsuits Against Public Participation 2
19	19
20	20	FOR the purpose of altering the conditions under which a lawsuit is a strategic lawsuit 3
21	21	against public participation (SLAPP suit); altering the conditions under which a 4
22	22	defendant in a SLAPP suit is not civilly liable for certain communications; 5
23	23	establishing certain standards and requirements relating to a motion to dismiss an 6
24	24	alleged SLAPP suit; and generally relating to SLAPP suits. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – Courts and Judicial Proceedings 9
28	28	Section 5–807 10
29	29	Annotated Code of Maryland 11
30	30	(2020 Replacement Volume and 2024 Supplement) 12
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
33	33	That the Laws of Maryland read as follows: 14
34	34
35	35	Article – Courts and Judicial Proceedings 15
36	36
37	37	5–807. 16
38	38
39	39	(a) In this section, “SLAPP suit” means a strategic lawsuit against public 17
40	40	participation. 18
41	41
42	42	(b) [A] SUBJECT TO SUBSECTION (C) OF THIS SECTION, A lawsuit is a SLAPP 19
43	43	suit if it is[: 20
44	44
45	45	(1) Brought in bad faith against a party who has communicated with a 21
46	46	federal, State, or local government body or the public at large to report on, comment on, 22
47	47	rule on, challenge, oppose, or in any other way exercise rights under the First Amendment 23 2 HOUSE BILL 434
48	48
49	49
50	50	of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration 1
51	51	of Rights regarding any matter within the authority of a government body or any issue of 2
52	52	public concern; 3
53	53
54	54	(2) Materially related to the defendant’s communication; and 4
55	55
56	56	(3) Intended to inhibit or inhibits the exercise of rights under the First 5
57	57	Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland 6
58	58	Declaration of Rights] BROUGHT AGAINST A PE RSON BASED ON AN ACT OR A 7
59	59	STATEMENT OF THE PER SON THAT WAS DONE OR MADE IN FURTHERANCE OF THE 8
60	60	PERSON’S RIGHT OF PETITION OR FREE SPEECH UNDER THE U.S. CONSTITUTION, 9
61	61	THE MARYLAND CONSTITUTION, OR THE MARYLAND DECLARATION OF RIGHTS IN 10
62	62	CONNECTION WITH A PU BLIC ISSUE OR AN ISSUE OF P UBLIC INTEREST , INCLUDING 11
63	63	A WRITTEN OR AN ORAL STATEMENT MADE : 12
64	64
65	65	(1) BEFORE A LEGISLATIVE , EXECUTIVE, OR JUDICIAL PROCEEDI NG 13
66	66	OR ANY OTHER OFFICIA L PROCEEDING AUTHORI ZED BY LAW; 14
67	67
68	68	(2) IN CONNECTION WITH AN ISSUE UNDER CONSIDER ATION OR 15
69	69	REVIEW BY A LEGISLAT IVE, EXECUTIVE, OR JUDICIAL BODY OR ANY OTHER OFFICIAL 16
70	70	PROCEEDING AUTHORIZE D BY LAW; 17
71	71
72	72	(3) IN A PLACE OPEN TO TH E PUBLIC OR A PUBLIC FORUM IN 18
73	73	CONNECTION WITH AN I SSUE OF PUBLIC INTER EST; OR 19
74	74
75	75	(4) TO A GOVERNMENT OFFIC IAL OR AN INDIVIDUAL RUNNING FOR 20
76	76	PUBLIC OFFICE . 21
77	77
78	78	(C) A LAWSUIT IS NOT A SLAPP SUIT IF: 22
79	79
80	80	(1) THE LAWSUIT IS BROUGH T IN THE PUBLIC INTE REST OR ON 23
81	81	BEHALF OF THE GENERA L PUBLIC AND EACH OF THE FOLLOWING CONDIT IONS 24
82	82	EXISTS: 25
83	83
84	84	(I) EXCEPT FOR CLAIMS FOR ATTORNEY’S FEES, COSTS, OR 26
85	85	PENALTIES, THE PLAINTIFF DOES N OT SEEK ANY RELIEF G REATER THAN OR 27
86	86	DIFFERENT FROM THE R ELIEF SOUGHT FOR THE GENERAL PUBLIC OR A CLASS OF 28
87	87	WHICH THE PLAINTIFF IS A MEMBER; 29
88	88
89	89	(II) THE LAWSUIT , IF SUCCESSFUL, WOULD ENFORCE AN 30
90	90	IMPORTANT RIGHT AFFE CTING THE PUBLIC INT EREST AND WOULD CONF ER A 31
91	91	SIGNIFICANT BENEFIT , PECUNIARY OR NONPECU NIARY, TO THE GENERAL PUBLI C 32
92	92	OR A LARGE CLASS OF PERSONS; AND 33
93	93
94	94	(III) PRIVATE ENFORCEMENT I S NECESSARY AND PLAC ES A 34 HOUSE BILL 434 3
95	95
96	96
97	97	DISPROPORTIONATE FINANCIAL B URDEN ON THE PLAINTI FF IN RELATION TO TH E 1
98	98	PLAINTIFF’S STAKE IN THE MATTE R; OR 2
99	99
100	100	(2) THE LAWSUIT INVOLVES A DEFENDANT WHO : 3
101	101
102	102	(I) PRIMARILY ENGAGES IN THE BUSINESS OF SELL ING OR 4
103	103	LEASING GOODS OR SER VICES, INCLUDING INSURANCE , SECURITIES, OR FINANCIAL 5
104	104	INSTRUMENTS ; AND 6
105	105
106	106	(II) 1. MADE A STATEMENT OR E NGAGED IN CONDUCT TH AT 7
107	107	CONSISTED OF REPRESE NTATIONS OF FACT ABO UT THE DEFENDANT ’S OR A 8
108	108	BUSINESS COMPETITOR ’S BUSINESS OPERATION S, GOODS, OR SERVICES FOR THE 9
109	109	PURPOSE OF OBTAINING APPROVAL FOR, PROMOTING , OR SECURING SALES OR 10
110	110	LEASES OF OR COMMERC IAL TRANSACTIONS IN THE DEFENDANT ’S GOODS OR 11
111	111	SERVICES; OR 12
112	112
113	113	2. IN THE COURSE OF DELI VERING THE DEFENDANT ’S 13
114	114	GOODS OR SERVICES , IS ALLEGED TO HAVE M ADE A STATEMENT OR E NGAGED IN 14
115	115	CONDUCT THAT DISPARAGES A BUSINES S COMPETITOR ’S BUSINESS OPERATION S, 15
116	116	GOODS, OR SERVICES. 16
117	117
118	118	[(c)] (D) A defendant in a SLAPP suit is not civilly liable for communicating with 17
119	119	a federal, State, or local government body or the public at large, if the defendant, without 18
120	120	constitutional malice, [reports on, comments on, rules on, challenges, opposes, or in any 19
121	121	other way exercises rights under the First Amendment of the U.S. Constitution or Article 20
122	122	10, Article 13, or Article 40 of the Maryland Declaration of Rights] ACTED IN 21
123	123	FURTHERANCE OF THE D EFENDANT’S RIGHT OF PETITION OR FREE SPEECH UNDER 22
124	124	THE U.S. CONSTITUTION, THE MARYLAND CONSTITUTION, OR THE MARYLAND 23
125	125	DECLARATION OF RIGHTS regarding any matter within the authority of a government 24
126	126	body or any PUBLIC issue OR ISSUE of public [concern] INTEREST. 25
127	127
128	128	[(d)] (E) (1) A defendant in an alleged SLAPP suit may move to: 26
129	129
130	130	[(1)] (I) Dismiss the alleged SLAPP suit, in which case the court shall 27
131	131	hold a hearing on the motion to dismiss as soon as practicable AND RULE EXPEDITIOUS LY; 28
132	132	or 29
133	133
134	134	[(2)] (II) Stay all court proceedings until the matter about which the 30
135	135	defendant communicated to the government body or the public at large is resolved. 31
136	136
137	137	(2) IT IS THE PLAINTIFF’S BURDEN IN RESPONDI NG TO A MOTION TO 32
138	138	DISMISS TO SHOW THAT THE ALLEGED SLAPP SUIT HAS SUBSTANTIAL 33
139	139	JUSTIFICATION IN LAW AND FACT. 34
140	140	4 HOUSE BILL 434
141	141
142	142
143	143	(3) (I) IF IT APPEARS LIKELY THAT DISCOVERY WILL ENABLE THE 1
144	144	PLAINTIFF TO DEFEAT A MOTION TO DISMISS AND THAT THE DISCOVE RY WILL NOT 2
145	145	BE UNDULY BURDENSOME , THE COURT MAY ORDER THAT SPECIFIED DISCOVERY BE 3
146	146	CONDUCTED . 4
147	147
148	148	(II) AN ORDER UNDER THIS P ARAGRAPH SHALL BE 5
149	149	CONDITIONED ON THE P LAINTIFF PAYING ANY EXPENSES INCURRED BY THE 6
150	150	DEFENDANT IN RESPOND ING TO THE DISCOVERY . 7
151	151
152	152	(4) (I) IF THE COURT GRANTS A N ANTI–SLAPP MOTION, THE 8
153	153	COURT SHALL AWARD C OSTS AND REASONABLE ATTORNEY’S FEES TO THE MOVING 9
154	154	PARTY IF THE COURT D ETERMINES THAT JUSTI CE AND EQUITY REQUIR E IT. 10
155	155
156	156	(II) IF THE COURT FINDS TH AT A MOTION TO DISMI SS IS 11
157	157	FRIVOLOUS OR SOLELY INTENDED TO CAUSE UN NECESSARY DELAY , THE COURT MAY 12
158	158	AWARD COSTS AND REASONABLE ATTOR NEY’S FEES TO THE RESPON DING PARTY. 13
159	159
160	160	[(e)] (F) This section: 14
161	161
162	162	(1) Is applicable to SLAPP suits notwithstanding any other law or rule; and 15
163	163
164	164	(2) Does not diminish any equitable or legal right or remedy otherwise 16
165	165	available to a defendant in a SLAPP suit. 17
166	166
167	167	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 18
168	168	apply only prospectively and may not be applied or interpreted to have any effect on or 19
169	169	application to any cause of action arising before the effective date of this Act. 20
170	170
171	171	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
172	172	October 1, 2025. 22
173	173
174	174