ROBERT L. EHRLICH, JR., Governor                             Ch. 279

communicating with a government body or the public at large, without
constitutional malice, exercises rights under the First Amendment of the U.S.
Constitution or certain articles of the Maryland Declaration of Rights regarding
certain matters; describing certain elements of a SLAPP suit; allowing a
defendant in a SLAPP suit to move to dismiss the alleged SLAPP suit and
requiring the court to hold a hearing on the motion as soon as practicable;
allowing a defendant to file a motion to stay all court proceedings until the
underlying matter about which the defendant communicated is resolved;
making this Act applicable to SLAPP suits notwithstanding any other law or
rule; providing that this Act does not diminish any equitable or legal right or
remedy otherwise available to a defendant; defining a certain term; providing
for the application of this Act; and generally relating to strategic lawsuits
against public participation (SLAPP suits) and immunity from civil liability in
those lawsuits.

BY adding to

Article - Courts and Judicial Proceedings

Section 5-807

Annotated Code of Maryland

(2002 Replacement Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

5-807.

(A)     IN THIS SECTION, "SLAPP SUIT" MEANS A STRATEGIC LAWSUIT AGAINST
PUBLIC PARTICIPATION.

(B)     A LAWSUIT IS A SLAPP SUIT IF IT IS:

(1)      BROUGHT IN BAD FAITH AGAINST A PARTY WHO HAS
COMMUNICATED WITH A FEDERAL, STATE, OR LOCAL GOVERNMENT BODY OR THE
PUBLIC AT LARGE TO REPORT ON, COMMENT ON, RULE ON, CHALLENGE, OPPOSE, OR
IN ANY OTHER WAY EXERCISE RIGHTS UNDER THE FIRST AMENDMENT OF THE U.S.
CONSTITUTION OR ARTICLE 10, ARTICLE 13, OR ARTICLE 40 OF THE MARYLAND
DECLARATION OF RIGHTS REGARDING ANY MATTER WITHIN THE AUTHORITY OF A
GOVERNMENT BODY;

(2)      MATERIALLY RELATED TO THE DEFENDANT'S COMMUNICATION;
AND

(3)      INTENDED TO INHIBIT THE EXERCISE OF RIGHTS UNDER THE FIRST
AMENDMENT OF THE U.S. CONSTITUTION OR ARTICLE 10, ARTICLE 13, OR ARTICLE 40
OF THE MARYLAND DECLARATION OF RIGHTS.

(C)     A DEFENDANT IN A SLAPP SUIT IS NOT CIVILLY LIABLE FOR
COMMUNICATING WITH A FEDERAL, STATE, OR LOCAL GOVERNMENT BODY OR THE
PUBLIC AT LARGE, IF THE DEFENDANT, WITHOUT CONSTITUTIONAL MALICE,

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