3.0.0 7771 2023-01-11T13:45:50Z 2023-01-11T13:45:50Z House HR 2020-07-24 116 [Congressional Record Volume 166, Number 131 (Friday, July 24, 2020)][House]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. COHEN:H.R. 7771.Congress has the power to enact this legislation pursuantto the following:Article I, Section 8, Clause 9: ``To constitute Tribunalsinferior to the supreme Court''Article III, Section 1, Clause 2: The judicial Power shallextend to all Cases, in Law and Equity, arising under thisConstitution, the Laws of the United States, and Treatiesmade, or which shall be made, under their Authority; to allCases affecting Ambassadors, other public Ministers andConsuls; to all Cases of admiralty and maritime Jurisdiction;to Controversies to which the United States shall be a Party;to Controversies between two or more States; between Citizensof different States, between Citizens of the same Stateclaiming Lands under Grants of different States, and betweena State, or the Citizens thereof, and foreign States,Citizens or Subjects.[Page H3859]]]> hsju00 Judiciary Committee House Standing Referred to 2020-07-24T13:00:25Z 2020-07-24 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2020-07-24 Introduced in House IntroReferral Intro-H 9 Library of Congress 2020-07-24 Introduced in House IntroReferral 1000 9 Library of Congress C001068 Rep. Cohen, Steve [D-TN-9] Steve Cohen D TN 9 N Law Administrative law and regulatory procedures Civil actions and liability Evidence and witnesses First Amendment rights Public participation and lobbying Law 00 2020-07-24 Introduced in House 2021-02-10T17:35:29Z Citizen Participation Act of 2020

This bill establishes that an act in furtherance of the constitutional right of petition or free speech, without knowledge of falsity or reckless disregard of falsity on the actor's part, shall be immune from civil liability. The bill also contains other related provisions.

The party seeking to overcome this immunity shall have the burden of proving that the party claiming the immunity acted with knowledge of falsity or reckless disregard of falsity.

A party in such a case may file a special motion to dismiss any claim related to an act of petitioning the government or free speech. The court involved shall hear such a motion on an expedited basis.

Furthermore, a party asserting immunity under this bill in state court may remove the case to federal court.

In addition, if a party in such a case in federal court is seeking an order to obtain the personal identifying information of a person, that person may file a special motion to quash the order seeking that personal identifying information.

A party that successfully obtains a special motion to dismiss or motion to quash under this bill shall be entitled to litigation costs, including reasonable attorney's fees.

]]> Citizen Participation Act of 2020 Display Title Citizen Participation Act of 2020 Short Title(s) as Introduced Citizen Participation Act of 2020 Introduced in House IH Official Title as Introduced To protect first amendment rights of petition and free speech by preventing States and the United States from allowing meritless lawsuits arising from acts in furtherance of those rights, commonly called "SLAPPs", and for other purposes. Introduced in House IH Introduced in House 2020-07-24T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-116hr7771ih/xml/BILLS-116hr7771ih.xml 2020-07-24 Referred to the House Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.