EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0167*
SENATE BILL 167
D3 5lr1500
SB 568/24 – JPR (PRE–FILED) CF 5lr1501
By: Senator Hettleman
Requested: October 30, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
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 2024 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
suit if it is[: 20
(1) Brought in bad faith against a party who has communicated with a 21
federal, State, or local government body or the public at large to report on, comment on, 22 2 SENATE BILL 167
rule on, challenge, oppose, or in any other way exercise rights under the First Amendment 1
of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration 2
of Rights regarding any matter within the authority of a government body or any issue of 3
public concern; 4
(2) Materially related to the defendant’s communication; and 5
(3) Intended to inhibit or inhibits the exercise of rights under the First 6
Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland 7
Declaration of Rights] BROUGHT AGAINST A PE RSON BASED ON AN ACT OR A 8
STATEMENT OF THE PER SON THAT WAS DONE OR MADE IN FURTHERANCE OF THE 9
PERSON’S RIGHT OF PETITION OR FREE SPEECH UNDER THE U.S. CONSTITUTION, 10
THE MARYLAND CONSTITUTION, OR THE MARYLAND DECLARATION OF RIGHTS IN 11
CONNECTION WITH A PU BLIC ISSUE OR AN ISSUE OF P UBLIC INTEREST , INCLUDING 12
A WRITTEN OR AN ORAL STATEMENT MADE : 13
(1) BEFORE A LEGISLATIVE , EXECUTIVE, OR JUDICIAL PROCEEDI NG 14
OR ANY OTHER OFFICIA L PROCEEDING AUTHORI ZED BY LAW; 15
(2) IN CONNECTION WITH AN ISSUE UNDER CONSIDER ATION OR 16
REVIEW BY A LEGISLAT IVE, EXECUTIVE, OR JUDICIAL BODY OR ANY OTHER OFFICIAL 17
PROCEEDING AUTHORIZE D BY LAW; 18
(3) IN A PLACE OPEN TO TH E PUBLIC OR A PUBLIC FORUM IN 19
CONNECTION WITH AN I SSUE OF PUBLIC INTER EST; OR 20
(4) TO A GOVERNMENT OFFIC IAL OR AN INDIVIDUAL RUNNING FOR 21
PUBLIC OFFICE . 22
(C) A LAWSUIT IS NOT A SLAPP SUIT IF: 23
(1) THE LAWSUIT IS BROUGH T IN THE PUBLIC INTE REST OR ON 24
BEHALF OF THE GENERA L PUBLIC AND EACH OF THE FOLLOWING CONDIT IONS 25
EXISTS: 26
(I) EXCEPT FOR CLAIMS FOR ATTORNEY’S FEES, COSTS, OR 27
PENALTIES, THE PLAINTIFF DOES N OT SEEK ANY RELIEF G REATER THAN OR 28
DIFFERENT FROM THE R ELIEF SOUGHT FOR THE GENERAL PUBLIC OR A CLASS OF 29
WHICH THE PLAINTIFF IS A MEMBER; 30
(II) THE LAWSUIT , IF SUCCESSFUL, WOULD ENFORCE AN 31
IMPORTANT RIGHT AFFE CTING THE PUBLIC INT EREST AND WOULD CONF ER A 32
SIGNIFICANT BENEFIT , PECUNIARY OR NONPECU NIARY, TO THE GENERAL PUBLI C 33
OR A LARGE CLASS OF PERSONS; AND 34
SENATE BILL 167 3
(III) PRIVATE ENFORCEMENT I S NECESSARY AND PLAC ES A 1
DISPROPORTIONATE FIN ANCIAL BURDEN ON THE PLAINTIFF IN RELATIO N TO THE 2
PLAINTIFF’S STAKE IN THE MATTE R; OR 3
(2) THE LAWSUIT INVOLVES A DEFENDANT WHO : 4
(I) PRIMARILY ENGAGES IN THE BUSINESS OF SELL ING OR 5
LEASING GOODS OR SER VICES, INCLUDING INSURANCE , SECURITIES, OR FINANCIAL 6
INSTRUMENTS ; AND 7
(II) 1. MADE A STATEMENT OR E NGAGED IN CONDUCT TH AT 8
CONSISTED OF REPRESE NTATIONS OF FACT ABO UT THE DEFENDANT ’S OR A 9
BUSINESS COMPETITOR ’S BUSINESS OPERATION S, GOODS, OR SERVICES FOR THE 10
PURPOSE OF OBTAINING APPROVAL FOR, PROMOTING , OR SECURING SALES OR 11
LEASES OF OR COMMERC IAL TRANSACTIONS IN THE DEFENDANT ’S GOODS OR 12
SERVICES; OR 13
2. IN THE COURSE OF DELI VERING THE DEFENDANT ’S 14
GOODS OR SERVICES , IS ALLEGED TO HAVE M ADE A STATEMENT OR E NGAGED IN 15
CONDUCT THAT DISPARAGES A BUSINES S COMPETITOR ’S BUSINESS OPERATION S, 16
GOODS, OR SERVICES. 17
[(c)] (D) A defendant in a SLAPP suit is not civilly liable for communicating with 18
a federal, State, or local government body or the public at large, if the defendant, without 19
constitutional malice, [reports on, comments on, rules on, challenges, opposes, or in any 20
other way exercises rights under the First Amendment of the U.S. Constitution or Article 21
10, Article 13, or Article 40 of the Maryland Declaration of Rights] ACTED IN 22
FURTHERANCE OF THE D EFENDANT’S RIGHT OF PETITION OR FREE SPEECH UNDER 23
THE U.S. CONSTITUTION, THE MARYLAND CONSTITUTION, OR THE MARYLAND 24
DECLARATION OF RIGHTS regarding any matter within the authority of a government 25
body or any PUBLIC issue OR ISSUE of public [concern] INTEREST. 26
[(d)] (E) (1) A defendant in an alleged SLAPP suit may move to: 27
[(1)] (I) Dismiss the alleged SLAPP suit, in which case the court shall 28
hold a hearing on the motion to dismiss as soon as practicable AND RULE EXPEDITIOUS LY; 29
or 30
[(2)] (II) Stay all court proceedings until the matter about which the 31
defendant communicated to the government body or the public at large is resolved. 32
(2) IT IS THE PLAINTIFF’S BURDEN IN RESPONDI NG TO A MOTION TO 33
DISMISS TO SHOW THAT THE ALLEGED SLAPP SUIT HAS SUBSTANTIAL 34
JUSTIFICATION IN LAW AND FACT. 35 4 SENATE BILL 167
(3) (I) IF IT APPEARS LIKELY THAT DISCOVERY WILL ENABLE THE 1
PLAINTIFF TO DEFEAT A MOTION TO DISMISS AND THAT THE DISCOVE RY WILL NOT 2
BE UNDULY BURDENSOME , THE COURT MAY ORDER THAT SPECIFIED DISCOVERY BE 3
CONDUCTED . 4
(II) AN ORDER UNDER THIS P ARAGRAPH SHALL BE 5
CONDITIONED ON THE P LAINTIFF PAYING ANY EXPENSES INCURRED BY THE 6
DEFENDANT IN RESPOND ING TO THE DISCOVERY . 7
(4) (I) IF THE COURT GRANTS A N ANTI–SLAPP MOTION, THE 8
COURT SHALL AWARD CO STS AND REASONABLE ATTORN EY’S FEES TO THE MOVING 9
PARTY IF THE COURT D ETERMINES THAT JUSTI CE AND EQUITY REQUIR E IT. 10
(II) IF THE COURT FINDS TH AT A MOTION TO DISMI SS IS 11
FRIVOLOUS OR SOLELY INTENDED TO CAUSE UN NECESSARY DELAY , THE COURT MAY 12
AWARD COSTS AND RE ASONABLE ATTORNEY ’S FEES TO THE RESPON DING PARTY. 13
[(e)] (F) This section: 14
(1) Is applicable to SLAPP suits notwithstanding any other law or rule; and 15
(2) Does not diminish any equitable or legal right or remedy otherwise 16
available to a defendant in a SLAPP suit. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 18
apply only prospectively and may not be applied or interpreted to have any effect on or 19
application to any cause of action arising before the effective date of this Act. 20
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2025. 22