legislation: 116-hr-7771
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| 116-hr-7771 | 116 | hr | 7771 | Citizen Participation Act of 2020 | Law | 2020-07-24 | 2020-07-24 | Referred to the House Committee on the Judiciary. | House | Rep. Cohen, Steve [D-TN-9] | TN | D | C001068 | 0 | Citizen Participation Act of 2020 This bill establishes that an act in furtherance of the constitutional right of petition or free speech, without knowledge of falsity or reckless disregard of falsity on the actor's part, shall be immune from civil liability. The bill also contains other related provisions. The party seeking to overcome this immunity shall have the burden of proving that the party claiming the immunity acted with knowledge of falsity or reckless disregard of falsity. A party in such a case may file a special motion to dismiss any claim related to an act of petitioning the government or free speech. The court involved shall hear such a motion on an expedited basis. Furthermore, a party asserting immunity under this bill in state court may remove the case to federal court. In addition, if a party in such a case in federal court is seeking an order to obtain the personal identifying information of a person, that person may file a special motion to quash the order seeking that personal identifying information. A party that successfully obtains a special motion to dismiss or motion to quash under this bill shall be entitled to litigation costs, including reasonable attorney's fees. | 2023-01-11T13:45:50Z |