South Dakota judiciary panel approves anti‑SLAPP bill after broad proponent testimony

The Senate Judiciary Committee voted unanimously to pass SB137a on Feb. 2, moving the anti‑SLAPP measure to the Senate consent calendar.

Sen. Amber Hulse, the bill’s sponsor, said the law would give courts an early tool to dismiss lawsuits filed to chill public participation and pause discovery while judges decide whether the suit targets protected speech. “This is pro‑First Amendment, pro citizen, pro common sense,” Hulse said during opening remarks.

Committee members adopted an amendment that aligns the bill with the Uniform Law Commission. A representative from the commission described the change as a minor technical update to bring the draft into conformity.

A wide range of media, civic and legal stakeholders testified in the bill’s favor. David Bordewike of the South Dakota News Media Association told the committee the statute “defends first amendment rights” for local newspapers and digital outlets. Jill Meyer of the Brandon Valley Journal described the stakes for small community publishers: she said a drawn‑out lawsuit over routine reporting could “close our doors.” Horatio Mihed of Liberty Counsel, testifying remotely, called SB137 a “common sense” protection that does not allow defendants to lie but prevents litigation used mainly to intimidate critics.

After roughly two hours of proponent testimony and questions, Senator Duhamel moved a do‑pass recommendation; the roll call recorded seven ayes and no nays. The chair declared SB137a passed. With the vote unanimous, the committee placed the bill on the consent calendar for floor consideration.

Next steps: SB137a will proceed to the full Senate as part of the committee’s consent calendar unless members remove it for separate debate.