What's happening
This bill expands and strengthens New York's anti-SLAPP law, making it easier to dismiss lawsuits aimed at suppressing free speech on public issues and requiring courts to award costs and attorney's fees to prevailing defendants.
Why it matters
Broader Protection for Free Speech. The bill expands the definition of lawsuits covered by anti-SLAPP protections to include any claim based on communications or actions related to issues of public interest—not just those by individuals involved in government permitting or zoning disputes. This means more types of speech and advocacy, including media reporting and online commentary, are shielded from retaliatory lawsuits.
Mandatory Award of Legal Costs. Courts are now required (not just permitted) to order the losing party to pay the costs and attorney's fees of the prevailing defendant in anti-SLAPP cases. This creates a stronger deterrent against filing meritless lawsuits designed to silence critics, as plaintiffs face guaranteed financial consequences if they lose.
Faster Dismissal and Automatic Delay. Once a defendant files a motion to dismiss under this law, all discovery (the costly and time-consuming process of gathering evidence) and other case proceedings are automatically paused until the court rules on the motion. This reduces the burdens and pressures that often force defendants to settle even weak lawsuits.
Lower Burden on Defendants, Higher on Plaintiffs. Plaintiffs must now show their case has a “substantial basis in law” or legitimate legal argument to survive dismissal, making it harder to misuse the courts to intimidate or punish people for their public participation or speech. The law also clarifies that a broad range of claims (not just lawsuits, but also cross-claims and counterclaims) are subject to these protections.
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Who cares
Headline styles
Force Fees for Frivolous Lawsuits
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Substituted by A5991A
- Ordered to third reading cal.757
- Reported and committed to rules
- Print number 52a
- Amend (t) and recommit to codes
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Punish Frivolous Lawsuits
Signed by Governor · Sponsor Helene Weinstein
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
52--A
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the civil rights law, in relation to actions involving public petition and participation; and to amend the civil practice law and rules, in relation to stay of proceedings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 1 of section 70-a of the civil rights law, as added by chapter 767 of the laws of 1992, is amended to read as follows:
(a) costs and attorney's fees [may] shall be recovered upon a demonstration, including an adjudication pursuant to subdivision (g) of rule thirty-two hundred eleven or subdivision (h) of rule thirty-two hundred twelve of the civil practice law and rules, that the action involving public petition and participation was commenced or continued without a substantial basis in fact and law and could not be supported by a substantial argument for the extension, modification or reversal of existing law;
§ 2. Subdivision 1 of section 76-a of the civil rights law, as added by chapter 767 of the laws of 1992, is amended to read as follows:
1. For purposes of this section:
(a) An "action involving public petition and participation" is [an action,] a 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] based upon:
(1) any communication in a place open to the public or a public forum in connection with an issue of public interest; or
(2) any other lawful conduct in furtherance of the exercise of the constitutional right of free speech in connection with an issue of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04075-04-0
S. 52--A 2
public interest, or in furtherance of the exercise of the constitutional right of petition.
(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 any person with an interest, connection or affiliation with such person that is materially related to such application or permission] "Claim" includes any lawsuit, cause of action, cross-claim, counterclaim, or other judicial pleading or filing requesting relief.
(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.] (d) "Public interest" shall be construed broadly, and shall mean any subject other than a purely private matter.
§ 3. Subdivision (g) of rule 3211 of the civil practice law and rules, as added by chapter 767 of the laws of 1992, is amended to read as follows:
(g) [Standards] Stay of proceedings and standards for motions to dismiss in certain cases involving public petition and participation. 1. A motion to dismiss based on paragraph seven of subdivision (a) of this section, in which the moving party has demonstrated that the action, claim, cross claim or counterclaim subject to the motion is an action involving public petition and participation as defined in paragraph (a) of subdivision one of section seventy-six-a of the civil rights law, shall be granted unless the party responding to the motion demonstrates that the cause of action has a substantial basis in law or is supported by a substantial argument for an extension, modification or reversal of existing law. The court shall grant preference in the hearing of such motion.
2. In making its determination on a motion to dismiss made pursuant to paragraph one of this subdivision, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the action or defense is based. No determination made by the court on a motion to dismiss brought under this section, nor the fact of that determination, shall be admissible in evidence at any later stage of the case, or in any subsequent action, and no burden of proof or degree of proof otherwise applicable shall be affected by that determination in any later stage of the case or in any subsequent proceeding.
3. All discovery, pending hearings, and motions in the action shall be stayed upon the filing of a motion made pursuant to this section. The stay shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and upon a showing by the nonmoving party, by affidavit or declaration under penalty of perjury that, for specified reasons, it cannot present facts essential to justify its opposition, may order that specified discovery be conducted notwithstanding this subdivision. Such discovery, if granted, shall be limited to the issues raised in the motion to dismiss.
4. For purposes of this section, "complaint" includes "cross-complaint" and "petition", "plaintiff" includes "cross-complainant" and "petitioner", and "defendant" includes "cross-defendant" and "respondent."
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil rights law, in relation to actions involving public petition and participation; and to amend the civil practice law and rules, in relation to stay of proceedings
Purpose of bill
The purpose of this bill is to extend the protection of New York's current law regarding Strategic Lawsuits Against Public Participation ("SLAPP suits"). The amendment will protect citizens' exercise of the rights of free speech and petition about matters of public interest.
Summary of provisions of bill
Section 1 of the bill would amend section 70-a of the Civil Rights Laws to provide that costs and attorney's fees "shall be recovered upon a demonstration that a SLAPP suit was commenced or continued without a substantial basis in fact or law and could not be supported by a substantial argument for the extension, modification, or reversal of existing law."
Read the full memo (663 words)
Section 2 of the bill would amend section 76-a of the Civil Rights Law to define an "action involving public petition and participation" to include a claim related to:
i. Any communication in a place open to the public or a public forum in connection with an issue of public interest; or ii. Any other lawful conduct in furtherance of the exercise of the constitutional right of free speech in connection with an issue of public interest, or in furth- erance of the exercise of the constitutional right of petition. The bill also specifies that "public interest" should be broadly construed.
Section 3 of the bill contains a stay of discovery and pending hearings or motions once a motion to dismiss a SLAPP action has been made pursu- ant to CPLR 3211 (a)(7).
Section 4 specifies that the act shall take effect immediately.
Justification
Section 76-a of the Civil Rights Law was originally enacted by the Legislature to provide "the utmost protection for the free exercise or speech, petition, and association rights, particularly where such rights are exercised in a public forum with respect to issues of public concern." L. 1992 Ch. 767. However, as drafted, and as narrowly inter- preted by the courts, the application of Section 76-a has failed to accomplish that objective. In practice, the current statute has been strictly limited to cases initiated by persons or business entities that are embroiled in controversies over a public application or permit, usually in a real estate development situation. By revising the defi- nition of an "action involving public petition and participation," this amendment to Section 76-a will better advance the purposes that the Legislature originally identified in enacting New York's anti-SLAPP law. This is done by broadly widening the ambit of the law to include matters
of "public interest", which is to be broadly construed, e.g. anything other than a "purely private matter".
Additionally, the principal remedy currently provided to victims of SLAPP suits in New York is almost never actually imposed. The courts have failed to use their discretionary power to award costs and attor- ney's fees to a defendant found to have been victimized by actions intended only to chill free speech. By an award of costs and fees, the Legislature had originally intended to address "threat of personal damages and litigation costs . . . as a means of harassing, intimidat- ing, or punishing individuals, unincorporated associations, not-for-pro- fit corporations and others who have involved themselves in public affairs." L. 1992 Ch. 767. This amendment to Section 70-A of the Civil Rights Law makes clear that a court "shall" impose an award of costs and fees, but only if the court fords that the case has been initiated or pursued in bad faith. Together, the two amendments will protect citizens by encouraging only meritorious litigation.
Legislative history
2018:A.1413/S.68- A.Judi(ECS)/S.Codes 2018:Similar to:A.5292/S.2183- A.Cal/S.Codes 2017:Similar to:A.5292/S.2183- PA /S.Codes 2015-16: A.258/S.1638 -PA/S. Codes 2014: A.856/S.7280 - PA/S. Rules 2013: A.856 - PA 2012: A.10594 - A. Judi
Fiscal implications for state and local governments
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.