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House passes law to curb SLAPP suits and protect public participation
Summary
H.B. 296, the 'Citizen Participation in Government Act,' passed unanimously in the House. Sponsor Representative Lockhart said the bill creates an early dismissal mechanism and fee-shifting remedies for suits intended to chill public participation; it passed 71–0 and was sent to the Senate.
The House unanimously passed H.B. 296, the "Citizen Participation in Government Act," aimed at limiting strategic lawsuits against public participation (SLAPPs) by giving defendants an early mechanism to seek dismissal and by enabling recovery of attorneys’ fees and damages when suits are filed primarily to chill speech or public participation.
Representative Lockhart outlined local cases — including a pending Provo lawsuit that named numerous John and Jane Does and a Utah County defamation action tied to an association endorsement — and said ordinary citizens had been dragged into lengthy discovery. She described the bill’s process for a verified pleading and a motion for judgment on the pleadings, and she noted that the statute allows a defendant to recover fees and, in some cases, treble damages where the plaintiff pursued the action maliciously to inhibit First Amendment participation.
Lockhart said the legislation mirrors measures in other states and aims to deter abusive suits while preserving legitimate claims for libel, slander and other traditional causes of action.
The House recorded final passage at 71 yes and 0 no votes; the bill will be transmitted to the Senate for consideration.
