What's happening
This bill expands and clarifies protections against lawsuits involving public petition and participation, including acts involving the public and news media.
Why it matters
Broadens protected activities. The bill expands the definition of cases covered by anti-SLAPP (Strategic Lawsuit Against Public Participation) protections to include acts involving not just government bodies but also the public and news media, potentially shielding a wider range of speech and participation from retaliatory lawsuits.
Strengthens the standard for damages. Plaintiffs must now prove by clear and convincing evidence that a defendant acted with reckless disregard for the truth, raising the bar for winning damages in lawsuits aimed at punishing public participation.
Covers more potential defendants. By redefining “public applicant or permittee” and adding “the public” and “news media” as relevant actors, the bill extends protections to journalists, activists, and others engaged in public discourse, not just those interacting with government agencies.
Preserves broader legal defenses. The bill clarifies that its provisions do not limit other constitutional or legal protections, ensuring that defendants in these cases can still invoke all available defenses beyond those provided in this specific law.
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Who cares
- Likely concerns
Permit holders and applicants
The bill would expand the damages claims subject to the heightened proof standard by removing the requirement that a claim relate to efforts to report on, challenge or oppose their application or permission.
People affiliated with permit holders or applicants
Their damages claims could fall under the law even when their interest, connection or affiliation is unrelated to the application or permission.
Defendants sued over communications
In covered cases where truth or falsity matters, plaintiffs would have to prove reckless disregard of falsity by clear and convincing evidence to recover damages.
News media
The bill would include permission obtained from the news media within the definition of a public applicant or permittee, potentially bringing additional damages claims under the law.
Headline styles
Protect Free Speech in Lawsuits
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8121
2019-2020 Regular Sessions
IN ASSEMBLY
June 3, 2019
Introduced by M. of A. EPSTEIN -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil rights law, in relation to actions involving public petition and participation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 76-a of the civil rights law, as added by chapter 767 of the laws of 1992, is amended to read as follows:
§ 76-a. Actions involving public petition and participation; when actual malice to be proven. 1. For purposes of this section:
(a) An "action involving public petition and participation" is an action, claim, cross claim or counterclaim for damages that is brought by a public applicant or permittee[, and is materially related to any efforts of the defendant to report on, comment on, rule on, challenge or oppose such application or permission].
(b) "Public applicant or permittee" shall mean any person who has applied for or obtained a permit, zoning change, lease, license, certificate or other entitlement for use or permission to act from any government body, or the public, or any person with an interest, connection or affiliation with such person [that is materially related to such application or permission].
(c) "Communication" shall mean any statement, claim, allegation in a proceeding, decision, protest, writing, argument, contention or other expression.
(d) "Government body" shall mean any municipality, the state, any other political subdivision or agency of such, the federal government, any public benefit corporation, or any public authority, board, or commission.
(e) "Public" shall mean the news media or any other individual material to the cause of action at issue.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11390-01-9
A. 8121 2
2. In an action involving public petition and participation, damages may only be recovered if the plaintiff, in addition to all other necessary elements, shall have established by clear and convincing evidence that any communication which gives rise to the action was made [with knowledge of its falsity or] with reckless disregard of whether it was false, where the truth or falsity of such communication is material to the cause of action at issue.
3. Nothing in this section shall be construed to limit any constitutional, statutory or common law protections of defendants to actions involving public petition and participation.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law, and shall apply to all actions commenced on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.