Montana House Bill HB788

Montana 2023 Regular Session

• Introduced: 2/22/23
• Refer: 2/23/23

Caption

Revise laws related to constitutional petition and expression rights

Impact

If enacted, HB 788 will alter the landscape of legal responses to actions relating to free speech and petitioning. It introduces provisions that allow defendants in such cases to move to strike claims against them unless the plaintiff can show a likelihood of success in their claims. This change is anticipated to discourage frivolous lawsuits designed to intimidate individuals from exercising their rights, as it places a higher threshold on plaintiffs wishing to proceed with legal claims in these contexts.

Summary

House Bill 788, introduced by L. Sheldon-Galloway, aims to revise laws protecting constitutional rights related to free speech and the right of petition. The bill seeks to establish a framework that facilitates the filing of a special motion to strike claims in civil actions brought against individuals exercising these rights in connection with public issues. The intent behind the legislation is to counteract the growing trend of litigation that is perceived as primarily aimed at deterring legitimate public discourse and participation in significant matters, thereby chilling constitutional rights.

Contention

Debate surrounding HB 788 may center on concerns regarding its potential implications for legal recourse in cases involving serious claims of defamation or harassment. Opponents of the bill may argue that it could inadvertently protect individuals who engage in harmful speech by making it more difficult for victims to seek redress. Proponents, however, assert that the legislation is necessary to safeguard the constitutional rights of those engaged in public dialogue and that it promotes a healthier civic environment by deterring the abuse of the judicial process.