PRINTER'S NO. 1198

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

972

Session of

2023

INTRODUCED BY MUTH, COLLETT, FONTANA, TARTAGLIONE, HAYWOOD,

KEARNEY, HUGHES, DILLON, CAPPELLETTI, COSTA, STREET, SAVAL

AND KANE, OCTOBER 31, 2023

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 83 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

Sec.

8340.4. Short title of subchapter.

8340.5. Legislative findings and declaration.

8340.6. Definitions.

The General Assembly finds and declares as follows:

(1) There has been a disturbing increase in lawsuits

brought primarily to chill the valid exercise of the

constitutional rights of freedom of speech and petition for

the redress of grievances.

(2) It is in the public interest to encourage continued

participation in matters of public significance and that this

participation should not be chilled through the abuse of the

judicial process.

(3) This subchapter is intended to grant immunity to

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Cause of action based on protected public expression."

(1) The term includes a cause of action asserted in a

civil action against a person based on the person's:

(i) communication in a legislative, executive,

judicial, administrative or other governmental

proceeding;

(ii) communication on an issue under consideration

or review in a legislative, executive, judicial,

(B) The right to assemble or petition.

(C) The right of association.

(2) The term does not include any cause of action

asserted in a civil action:

(i) against a government unit or an employee or

agent of a government unit acting or purporting to act in

an official capacity;

(ii) initiated by a government unit or an employee

or agent of a government unit acting in an official

capacity to enforce a law, regulation or ordinance;

libel, slander, publication of private facts, false light

invasion of privacy, misappropriation of likeness or

intentional or negligent infliction of emotional

distress, or does not arise solely from a communication

on a matter of public concern;

(v) arising under Chapter 62A (relating to

protection of victims of sexual violence or intimidation)

or 23 Pa.C.S. Ch. 61 (relating to protection from abuse);

(vi) arising under 23 Pa.C.S. (relating to domestic

or corporate opportunities against the person who

allegedly misappropriated the trade secret or corporate

opportunity, or to enforce a nondisparagement agreement

or a covenant not to compete against a party to the

agreement or covenant; or

(ix) arising out of the internal affairs,

governance, dissolution, liquidation, rights or

obligations between or among owners and liability or

indemnity of managers of business corporations,

partnerships, limited partnerships, limited liability

"Goods and services." The term does not include the

"Protected public expression immunity." The immunity

(a) Scope of immunity.--A person shall be immune from civil

protected public expression fails to establish a prima facie

case as to each essential element of the cause of action.

(2) The party asserting the cause of action based on

protected public expression has failed to state a cause of

action upon which relief can be granted.

(3) There is no genuine issue as to any material fact

and the person against whom the cause of action based on

protected public expression has been asserted is entitled to

judgment as a matter of law on the cause of action or part of

the cause of action.

recovery of the attorney fees and costs, and reasonable

litigation expenses related to defending against the cause of

action, or part of the cause from which the person is immune,

from any party who asserted the cause of action in accordance

with subsection (d).

(2) If a court determines that a person's assertion of

protected public expression immunity in a motion was

frivolous or filed solely with intent to delay the

proceeding, the court shall award to the opposing party the

(3) A person who asserts the protected public expression

immunity in an answer or a motion shall be entitled to the

award under paragraph (1) if the cause of action based on

protected public expression, or any part of the cause of

action, is voluntarily discontinued with or without prejudice

after the person has asserted the immunity, unless a court

has previously ruled in the action that the person is not

immune from civil liability under subsection (a).

(c) Immediate appeal.--An order granting, denying or

otherwise determining whether a person is immune from civil

litigation expenses incurred in defending against a cause of

action based on protected public expression from any party

that brought that action if the action was terminated in the

person's favor on any ground of immunity under subsection

(a), provided that no court previously determined whether the

person was immune under subsection (a).

(2) A person bringing a cause of action under this

subsection is entitled to recover punitive damages if the

cause of action based on protected public expression was

(e) Construction and interpretation.--This section shall be

broadly construed and applied to protect the exercise of the

right of freedom of speech and of the press, the right to

assemble and petition, and the right of association, guaranteed

by the Constitution of the United States or Constitution of

Pennsylvania.

(f) Application.--This section shall apply to a civil action

filed or cause of action asserted in a civil action on or after

the effective date of this subsection.

(g) Effect on pending litigation.--This section shall not

§ 8340.8. Special motion for dismissal or judgment.

(a) Special motion.--

(1) A person may file a special motion for dismissal of

or judgment due to the person's protected public expression

immunity no later than 60 days after being served with a

pleading asserting a cause of action based on protected

public expression, or at a later time upon a showing of good

cause. The availability of the special motion does not

preclude a party from asserting its protected public

or response to the motion and any evidence that could be

considered in ruling on a motion for summary judgment, as

well as any deposition testimony and any supporting and

opposing affidavits attesting to the facts upon which

liability or a defense is based.

(b) Stay.--

(1) Except as provided under paragraph (3), all other

proceedings in an action, including discovery and the moving

party's obligation to file a responsive pleading, except as

necessary to challenge service of a writ or complaint, the

(ii) appeal under section 8340.7(c) (relating to

protected public expression immunity), if applicable.

(2) During a stay under paragraph (1), the court:

(i) may allow limited discovery if a party shows

that specific information is necessary to establish

whether a party has satisfied or failed to satisfy a

burden under section 8340.7(a) and the information is not

reasonably available unless discovery is allowed; and

(ii) for good cause, may:

(I) in response to which no party has

asserted protected public expression immunity;

and

(II) that does not implicate any issue

relevant to a party's assertion of protected

public expression immunity or the cause of action

for which the immunity has been asserted.

(3) A motion under section 8340.7(b) for costs, attorney

fees and expenses shall not be subject to a stay under this

subsection.

later date to allow discovery under subsection (b)(2) or for

other good cause. The following shall apply:

(1) If the court orders a later date for oral argument,

the court shall hear argument on the motion under subsection

(a)(1) no later than 60 days after the court order allowing

the discovery, unless the court orders a later date for good

cause unrelated to discovery.

(2) The court shall rule on a motion under subsection

(a)(1) no later than 60 days after hearing oral argument. The