HR 4364 · 111th Congress 2009–2011, ended

Citizen Participation Act of 2009

Fact sheet

Latest action · Apr 26, 2010 Referred to the Subcommittee on Courts and Competition Policy.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedDec 16, 2009
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Citizen Participation Act of 2009 - Declares that Strategic Lawsuits Against Public Participation (SLAPPs), filed against thousands of individuals, organizations, and businesses based upon their valid exercise of the rights to petition or free speech, are an abuse of the judicial process that waste judicial resources and clog the already over-burdened court dockets.

Declares immune from civil liability any act of petitioning the government made without knowledge of falsity or reckless disregard of falsity. Requires a plaintiff (especially in a SLAPP) to prove knowledge of falsity or reckless disregard of falsity by clear and convincing evidence.

Provides that any act in futherance of the constitutional right of petition or free speech shall be entitled to the procedural protections provided in this Act.

Allows a party to file a special motion to dismiss any claim arising from an act or alleged act in furtherance of the constitutional right of petition or free speech within 45 days after service of the claim if the claim was filed in federal court or, if the claim was removed to federal court pursuant to this Act, within 15 days after removal.

Exempts from this Act: (1) certain procedural protections in any action brought solely on behalf of the public or solely to enforce an important right affecting the public interest; and (2) certain claims for relief involving commercial speech.

Cosponsors 3

Members who signed on, in the order they did. Signatures ran from Mar 16, 2010 to Jul 30, 2010.

SeatCosponsorSigned on
D-TXCharles A. GonzalezMar 16, 2010
D-CAFortney Pete StarkJun 17, 2010
D-PAMichael F. DoyleJul 30, 2010

Actions 3

Everything that happened, newest first.

  1. Apr 26, 2010Referred to the Subcommittee on Courts and Competition Policy.
  2. Dec 16, 2009Introduced in House
  3. Dec 16, 2009Referred to the House Committee on the Judiciary.

Subjects

Assigned by the Library of Congress. Policy area: Law.

Text 1

Each version as it was printed, newest first.

  1. Dec 16, 2009Introduced in House

Support LegiList

This page is free, carries no paywall, and is built and maintained by one person. If the record here is useful to you, a few dollars keeps it going.

Processed by Stripe in a separate window. LegiList never sees card details.

Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.