H.R.4364 - Citizen Participation Act of 2009

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. view all titles (2)

All Bill Titles

  • Official: 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. as introduced.
  • Short: Citizen Participation Act of 2009 as introduced.

Bill’s Views

  • Today: 3
  • Past Seven Days: 10
  • All-Time: 13,003
 
Introduced
 
House
Passes
 
Senate
Passes
 
President
Signs
 

 
12/16/09
 
 
 
 
 
 
 

Official Summary

Citizen Participation Act of 2009 - Declares that Strategic Lawsuits Against Public Participation (SLAPPs), filed against thousands of individuals, organizations, and businesses based upon their valid exercise of the rights to petition or free speech, are an abuse of the judicial process th

Official Summary

Citizen Participation Act of 2009 - Declares that Strategic Lawsuits Against Public Participation (SLAPPs), filed against thousands of individuals, organizations, and businesses based upon their valid exercise of the rights to petition or free speech, are an abuse of the judicial process that waste judicial resources and clog the already over-burdened court dockets. Declares immune from civil liability any act of petitioning the government made without knowledge of falsity or reckless disregard of falsity. Requires a plaintiff (especially in a SLAPP) to prove knowledge of falsity or reckless disregard of falsity by clear and convincing evidence. Provides that any act in futherance of the constitutional right of petition or free speech shall be entitled to the procedural protections provided in this Act. Allows a party to file a special motion to dismiss any claim arising from an act or alleged act in furtherance of the constitutional right of petition or free speech within 45 days after service of the claim if the claim was filed in federal court or, if the claim was removed to federal court pursuant to this Act, within 15 days after removal. Exempts from this Act:
(1) certain procedural protections in any action brought solely on behalf of the public or solely to enforce an important right affecting the public interest; and
(2) certain claims for relief involving commercial speech.

...Read the Rest




Vote on This Bill

100% Users Support Bill

14 in favor / 0 opposed
 

Send Your Rep a Letter

about this bill Support Oppose Tracking
Track with MyOC

Top-Rated Comments