United States 117th Congress Status: Died 1 D cosponsors

HR 8864 — SLAPP Protection Act of 2022

Last action — Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Strategic Lawsuits Against Public Participation Protection Act of 2022 or the SLAPP Protection Act of 2022 This bill establishes a motion in federal courts to allow for the dismissal of a claim with prejudice if (1) that claim is shown to be based on the moving party's exercise of free speech, (2) the responding party cannot establish essential elements of the claim or that there is a genuine issue of material fact, and (3) no exception under this bill applies.

Bill Text

Sections of law this bill changes

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Also cites: 15 U.S.C. § 12

How this bill changes current law

9 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds a new chapter to Title 28, establishing a procedure to address strategic lawsuits against public participation (SLAPPs).

  • 28 U.S.C. § 181

    CHAPTER 182--PROCEDURE TO DISMISS, PUNISH, AND DETER STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION Sec. 4201. Special motion to dismiss a Strategic Lawsuit Against Public Participation. Sec. 4202. Exceptions. Sec. 4203. Fees. Sec. 4204. Choice of law. Sec. 4205. Definitions.

    This adds a new legal framework for handling SLAPP complaints.

  • 28 U.S.C. § 181

    Sec. 4201. Special motion to dismiss a Strategic Lawsuit Against Public Participation (a) Notice Period.--Not later than five days before the filing of a special motion to dismiss a claim alleged to be a strategic lawsuit against public participation under this chapter, the moving party shall provide written notice to the responding party of its intent to file such a special motion to dismiss with respect to a claim.

    This establishes a notice requirement before filing a motion to dismiss a SLAPP.

  • 28 U.S.C. § 181

    (b) Timing of Motion.-- (1) In general.--A special motion to dismiss pursuant to this chapter shall be filed not later than the date that is the later of the following: (A) 60 days after the date of service of the pleading that states the claim alleged to be a SLAPP. (B) 60 days after the date of removal of the case to Federal court.

    This sets a timeline for filing a special motion to dismiss a SLAPP.

  • 28 U.S.C. § 181

    (c) Stay of Proceedings.-- (1) In general.--Except as provided under paragraph (2), upon the filing of a special motion to dismiss under this chapter, all other proceedings between the moving party and responding party that are related to the claim, including discovery proceedings and any pending hearing or motions, shall be stayed until notice of entry of an order disposing of the special motion to dismiss.

    This provision temporarily halts other proceedings when a special motion to dismiss is filed.

  • 28 U.S.C. § 181

    (d) Consideration of Motion.--The court shall grant the special motion to dismiss and dismiss the claim with prejudice if-- (1) the moving party presents evidence establishing that the claim at issue is based on, or in response to, the party's lawful exercise of the constitutional right of petition, freedom of the press, peaceful assembly, free speech on a matter of public concern, or other expressive conduct on a matter of public concern;

    This defines the standard for granting a motion to dismiss SLAPP claims.

  • 28 U.S.C. § 181

    Sec. 4202. Exceptions (a) In General.--Except as provided under subsection (b), this chapter shall not apply to any claim that is brought-- (11) for an alleged violation of antitrust laws (as defined by section 1(a) of the Clayton Act (15 U.S.C. 12(a))) or a State antitrust law.

    This specifies exclusions for certain types of claims, including antitrust violations.

  • 28 U.S.C. § 181

    Sec. 4203. Fees (a) Attorney's Fees and Costs.--If the moving party prevails on the special motion to dismiss, there shall be a rebuttable presumption that the moving party is entitled to an award of reasonable attorneys' fees and costs.

    This creates a presumption for awarding attorney's fees to the prevailing party in a SLAPP motion.

  • 28 U.S.C. § 181

    Sec. 4205. Definitions (1) Strategic lawsuit against public participation; slapp.--The term `strategic lawsuit against public participation' or `SLAPP' means the use of the court system to silence or intimidate a party who is engaged in the lawful exercise of the constitutional right of petition, freedom of the press, peaceful assembly, free speech on a matter of public concern, or other expressive conduct on a matter of public concern, by subjecting that party to meritless litigation.

    This establishes a legal definition for SLAPP actions.

  • 28 U.S.C. § 181

    (b) Clerical Amendment.--The table of chapters for title 28, United States Code, is amended by adding after chapter 181 the following: 182. Procedure to Dismiss, Punish, and Deter Strategic Lawsuits Against Public Participation.

    This updates the title of chapters in U.S. Code to reflect the new SLAPP chapter.

Action History

  1. Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

  2. Introduced in House

  3. Introduced in House

  4. Referred to the House Committee on the Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

civil-rights
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Frequently asked questions

What does HR 8864 do?
Strategic Lawsuits Against Public Participation Protection Act of 2022 or the SLAPP Protection Act of 2022 This bill establishes a motion in federal courts to allow for the dismissal of a claim with prejudice if (1) that claim is shown to be based on the moving party's exercise of free speech, (2) the responding party cannot establish essential elements of the claim or that there is a genuine issue of material fact, and (3) no exception under this bill applies.
Who sponsors HR 8864?
HR 8864 is sponsored by Raskin, Jamie (Democratic).
What is the current status of HR 8864?
This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 8864?
Track HR 8864 free on One Click Politics — get push/email alerts when it moves.

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