[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2304 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2304

 To amend title 28, United States Code, to create a special motion to 
 dismiss strategic lawsuits against public participation (SLAPP suits).


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2015

    Mr. Farenthold (for himself, Ms. Eshoo, Mr. Issa, Mr. Franks of 
   Arizona, and Mr. Polis) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 28, United States Code, to create a special motion to 
 dismiss strategic lawsuits against public participation (SLAPP suits).

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Participation, Engagement, 
and Knowledge Freedom by Reducing Egregious Efforts Act of 2015'' or 
the ``SPEAK FREE Act of 2015''.

SEC. 2. SPECIAL MOTION TO DISMISS STRATEGIC LAWSUITS AGAINST PUBLIC 
              PARTICIPATION.

    (a) In General.--Part VI of title 28, United States Code, is 
amended by adding after chapter 181 the following new chapter:

  ``CHAPTER 182--SPECIAL MOTION TO DISMISS STRATEGIC LAWSUITS AGAINST 
                          PUBLIC PARTICIPATION

``Sec.
``4201. Strategic lawsuit against public participation defined.
``4202. Motion to dismiss strategic lawsuit against public 
                            participation.
``4203. Discovery.
``4204. Interlocutory appeal.
``4205. Motion to quash.
``4206. Removal.
``4207. Fees, costs, and sanctions.
``4208. Definitions.
``Sec. 4201. Strategic lawsuit against public participation defined
    ``In this chapter, the term `strategic lawsuit against public 
participation' or `SLAPP suit' means a claim that arises from an oral 
or written statement or other expression, or conduct in furtherance of 
such expression, by the person against whom the claim is asserted that 
was made in connection with an official proceeding or about a matter of 
public concern.
``Sec. 4202. Special motion to dismiss strategic lawsuit against public 
              participation
    ``(a) In General.--Except as provided in subsection (b), a person 
against whom a SLAPP suit is asserted may file a special motion to 
dismiss. If the party filing a special motion to dismiss a SLAPP suit 
makes a prima facie showing that the claim at issue arises from an oral 
or written statement or other expression by the defendant that was made 
in connection with an official proceeding or about a matter of public 
concern, then the motion shall be granted and the claim dismissed with 
prejudice, unless the responding party demonstrates that the claim is 
likely to succeed on the merits, in which case the motion shall be 
denied.
    ``(b) Exceptions.--
            ``(1) Enforcement actions.--The court shall not grant a 
        special motion to dismiss under this section if the claim is an 
        enforcement action brought by an agency or entity of the 
        Federal Government or a State or local government.
            ``(2) Commercial speech.--Except as provided in subsection 
        (c), the court shall not grant a special motion to dismiss 
        under this section if the claim is brought against a person 
        primarily engaged in the business of selling or leasing goods 
        or services where such claim arises from the statement or 
        conduct of such person and such statement or conduct--
                    ``(A) consists of representations of fact about 
                such person's or a business competitor's goods or 
                services, that is made for the purpose of obtaining 
                approval for, promoting, or securing sales or leases 
                of, or commercial transactions in, the person's goods 
                or services, or the statement or conduct was made in 
                the course of delivering the person's goods or 
                services; and
                    ``(B) arises out of the sale or lease of goods, 
                services, or an insurance product, insurance services, 
                or a commercial transaction in which the intended 
                audience is an actual or potential buyer or customer.
            ``(3) Public interest.--Except as provided in subsection 
        (c), the court shall not grant a special motion to dismiss 
        under this section if the claim is a public interest claim.
    ``(c) Limitations on Exceptions.--Paragraphs (2) and (3) of 
subsection (b) shall not apply as to--
            ``(1) any claim against a person or entity engaged in the 
        dissemination of ideas or expression in any book or academic 
        journal, while engaged in the gathering, receiving, or 
        processing of information for communication to the public;
            ``(2) any claim against any person or entity based upon 
        statements or conduct concerning the creation, dissemination, 
        exhibition, advertisement, or other similar promotion of 
        journalistic, consumer commentary, dramatic, literary, musical, 
        political, or artistic works, including motion pictures, 
        television programs, or articles published online or in a 
        newspaper or magazine of general circulation; or
            ``(3) any claim against a nonprofit organization that 
        receives more than 50 percent of annual revenue grants or 
        awards from, programs of, or reimbursements for services 
        rendered to the Federal, State, or local government.
    ``(d) Time Limit.--Unless the court grants an extension, a motion 
to dismiss a SLAPP suit shall be filed--
            ``(1) not later than 45 days after the date of service of 
        the claim, if the claim is filed in a Federal court; or
            ``(2) not later than 30 days after the date of removal, if 
        the claim is removed to Federal court under section 4206.
    ``(e) Hearing.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), the court shall set a hearing on a special motion to 
        dismiss a SLAPP suit on a date not later than 30 days after the 
        date of service of the special motion to dismiss a SLAPP suit.
            ``(2) Hearing postponed.--Except as provided in paragraph 
        (3), the court may postpone the hearing for up to 60 days, but 
        shall set the hearing on a date that is not later than 90 days 
        after the date of service of the special motion to dismiss a 
        SLAPP suit, if--
                    ``(A) the docket conditions of the court require a 
                later hearing;
                    ``(B) there is a showing of good cause; or
                    ``(C) the parties agree to postpone the hearing.
            ``(3) Extension for discovery.--If the court allows 
        specified discovery under subsection (a) of section 4203, the 
        court may extend the hearing date to allow specified discovery 
        under that subsection, but the court shall set the hearing on a 
        date not later than 120 days after the date of service of the 
        special motion to dismiss a SLAPP suit.
    ``(f) Ruling.--The court must rule on a special motion to dismiss a 
SLAPP suit not later than 30 days after the date on which the final 
paper is required to be filed or the date argument is heard, whichever 
is later.
    ``(g) Evidence.--
            ``(1) In general.--In determining whether a legal action 
        should be dismissed under this chapter, the court shall 
        consider the pleadings and affidavits stating the facts on 
        which the liability or defense is based.
            ``(2) Discovery.--If the court has ordered specified 
        discovery pursuant to section 4203, the court may consider such 
        discovery.
``Sec. 4203. Stay of discovery
    ``(a) In General.--Except as provided in subsection (b), upon the 
filing of a special motion to dismiss under section 4202, discovery 
proceedings in the action shall be stayed until a final and 
unappealable order is entered on such motion unless good cause is shown 
for specified discovery.
    ``(b) Exception.--A stay issued under subsection (a) based on the 
filing of a special motion to dismiss under section 4202, that only 
seeks dismissal of a third-party claim or a cross claim asserted by a 
defendant shall only apply to discovery that is requested by the party 
asserting the third-party claim or cross claim or discovery that 
relates solely to the third-party claim or cross claim.
``Sec. 4204. Interlocutory appeal
    ``An aggrieved party may take an immediate interlocutory appeal 
from an order granting or denying in whole or in part a special motion 
to dismiss under section 4202.
``Sec. 4205. Motion to quash
    ``A person whose personally identifying information is sought in 
connection with a claim subject to the procedure described in section 
4202(a) may at any time file a motion to quash the order to produce the 
information. If the party filing a motion to quash makes a prima facie 
showing that the order is for personally identifying information, then 
the motion shall be granted and the order to produce the personally 
identifying information shall be quashed, unless the responding party 
demonstrates with an evidentiary showing that the claim is likely to 
succeed on the merits of each and every element of the claim, in which 
case the motion to quash shall be denied. No determinations made in 
deciding a motion to quash under this section shall impede or otherwise 
diminish the availability of the procedures described in section 
4202(a).
``Sec. 4206. Removal
    ``(a) Special Motion To Dismiss SLAPP Suit.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        civil action in a State court that raises a claim described in 
        section 4202(a) may be removed to the district court of the 
        United States for the judicial district and division embracing 
        the place where the civil action is pending. The grounds for 
        removal provided in this section need not appear on the face of 
        the complaint but may be shown in the petition for removal.
            ``(2) Exception.--Removal may not be requested under 
        paragraph (1) on the basis of a third-party claim or a cross 
        claim asserted by a defendant.
            ``(3) Remand.--If a civil action is removed under paragraph 
        (1) and an order denying in its entirety a motion to dismiss 
        filed under section 4202 is not appealed within the time 
        permitted by law or all potential appellate proceedings have 
        been exhausted, the court shall remand the remaining claims to 
        the State court from which the civil action was removed. The 
        remaining claims shall not be remanded to State court if the 
        order granted a motion to dismiss in part and such order is not 
        appealed within the time permitted by law or all potential 
        appellate proceedings have been exhausted.
    ``(b) Motion To Quash.--A proceeding in a State court in which a 
request or order that reasonably appears to be a request or order 
described in section 4205 is sought or issued may be removed to the 
district court of the United States for the judicial district and 
division embracing the place where the civil action is pending by any 
person that seeks to file a motion to quash under section 4205 and 
asserts a defense based on the First Amendment to the Constitution or 
laws of the United States.
``Sec. 4207. Fees, costs, and sanctions
    ``(a) Attorneys Fees.--Except as provided in subsection (c), a 
court shall award a person that files and prevails on a motion to 
dismiss under section 4202 or a motion to quash under section 4205, 
litigation costs, expert witness fees, and reasonable attorneys fees. A 
party shall be a prevailing party as to a special motion to dismiss or 
to quash if a claim or discovery request is voluntarily dismissed or 
withdrawn after the filing of a special motion to dismiss.
    ``(b) Frivolous Motions to Dismiss.--Except as provided in 
subsection (c), if a court finds that a motion to dismiss under section 
4202, a motion to quash under section 4205, or a notice of removal 
under section 4206 is frivolous or is solely intended to cause 
unnecessary delay, the court shall award litigation costs, expert 
witness fees, and reasonable attorneys fees to the party that responded 
to the motion or notice.
    ``(c) Exception.--The Federal Government and the government of a 
State, or political subdivision thereof, may not recover litigation 
costs, expert witness fees, or attorneys fees under this section.
``Sec. 4208. Definitions
    ``In this chapter:
            ``(1) Matter of public concern.--The term `matter of public 
        concern' means an issue related to--
                    ``(A) health or safety;
                    ``(B) environmental, economic, or community well-
                being;
                    ``(C) the government;
                    ``(D) a public official or public figure; or
                    ``(E) a good, product, or service in the 
                marketplace.
            ``(2) Nonprofit organization.--The term `nonprofit 
        organization' means any organization that is described in 
        section 501(c) of the Internal Revenue Code of 1986 and is 
        exempt from tax under section 501(a) of such Code.
            ``(3) Public interest claim.--The term `public interest 
        claim' means a claim--
                    ``(A) that is brought solely on behalf of the 
                general public;
                    ``(B) where private enforcement is necessary;
                    ``(C) that places a disproportionate financial 
                burden on the plaintiff in relation to the plaintiff's 
                stake in the matter;
                    ``(D) that, if successful, enforces an important 
                right affecting the public interest and confers a 
                significant benefit on the general public; and
                    ``(E) notwithstanding attorneys fees, costs, or 
                penalties, would provide relief only for the general 
                public or a class of which the plaintiff is a member.
            ``(4) State.--The term `State' means each of the several 
        States, the District of Columbia, each commonwealth, territory, 
        or possession of the United States, and each federally 
        recognized Indian tribe.''.
    (b) Technical and Conforming Amendments.--
            (1) Table of chapters.--The table of chapters for part VI 
        of title 28, United States Code, is amended by inserting after 
        the item relating to chapter 181 the following new item:

``182. Special Motion to dismiss strategic lawsuits against     4201''.
                            public participation.
            (2) Interlocutory decisions.--Section 1292(a) of title 28, 
        United States Code, is amended--
                    (A) in paragraph (1), by striking the semicolon at 
                the end and inserting a period;
                    (B) in paragraph (2), by striking the semicolon at 
                the end and inserting a period; and
                    (C) by adding at the end the following:
            ``(4) Interlocutory orders granting or denying in whole or 
        in part special motions to dismiss under section 4202.''.
            (3) Exceptions to discharge.--Section 523(a) of title 11, 
        United States Code, is amended--
                    (A) in paragraph (18), by striking ``; or'' at the 
                end and inserting a semicolon;
                    (B) in paragraph (19), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by inserting after paragraph (19) the 
                following:
            ``(20) for litigation costs, expert witness fees, or 
        reasonable attorney's fees awarded by a court under chapter 182 
        of title 28 or under comparable State laws.''.
    (c) Relationship to Other Laws.--Nothing in this Act, or the 
amendments made by this Act, shall preempt or supersede any Federal or 
State statutory, constitutional, case, or common law that provides the 
equivalent or greater protection for persons engaging in activities 
protected by the First Amendment to the Constitution of the United 
States.
    (d) Rule of Construction.--This Act, and the amendments made by 
this Act, shall be construed broadly to effectuate the purpose and 
intent of this Act.
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