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Committee hears anti-SLAPP bill to create early dismissal process for retaliatory suits
Summary
Representative Hope introduced House Bill 4045 to establish an early dismissal procedure for strategic lawsuits against public participation (SLAPP). Witnesses from the Uniform Law Commission and several advocacy groups testified in support; no committee vote was recorded.
Representative Hope presented House Bill 4045 to the House Judiciary Committee, describing it as "common sense legislation" to address strategic lawsuits against public participation, known as SLAPPs. She said the bill would allow a court to dismiss frivolous retaliatory suits targeting people who speak on matters of public interest and would create an "early off ramp" for defendants.
Caitlin Wolf of the Uniform Law Commission testified in support and explained the bill's mechanics: a defendant sued for protected speech could file a special motion within 60 days to have the judge evaluate whether the suit is a SLAPP; if the judge finds no prima facie evidence, the case could be dismissed earlier than under normal litigation procedures. "If the judge thinks that this is one of these particular types of frivolous lawsuits, the judge could dismiss the case far earlier than the judge could if this were to follow the normal litigation process," Wolf said.
Wolf told the committee that 36 states have "some version" of anti-SLAPP protections and that the uniform act underlying HB 4045 has been enacted in 11 states. Representative Hope said the measure had bipartisan backing in prior sessions and listed a range of national organizations that have supported similar legislation.
Several members of the public addressed the committee. Peter Phillips, who identified himself as a community activist, said he had sought to testify in prior committee sessions and used his time to urge fair access to committee hearings. The transcript includes written support from groups including the Motion Picture Association, ACLU of Michigan, Sierra Club, Michigan Association for Justice, and others; a small number of individuals registered opposition.
Committee members asked about government-defendant exemptions and safeguards for legitimate litigation. Representative Hope said the measure includes a higher standard when the government is a defendant and provides an immediate appeal right as a safeguard. No committee vote on HB 4045 was recorded in the transcript.
