Bill Positions

Bill Number: SB 990

Bill Title: Courts and Judicial Proceedings - Strategic Lawsuits Against Public Participation

Bill Sponsor(s): Sen. Forehand, et al.

Subject: Civil Liability

Committee: JPR

Bill Summary: This bill will broaden the immunity from lawsuit to persons who communicate with a public body. The bill will allow a suit to be dismissed as a SLAPP (strategic lawsuit against public participation) suit if it (1) Involves any communication by an individual with a public body on an issue of public concern; and (2) Inhibits the exercise of federal or state constitutional rights of free speech.

History: Legislation was enacted in 2004 that granted immunity from suit to persons communicating with a public body while exercising 1st Amendment rights. Defendants may move to dismiss a suit if it is considered a SLAPP suit. In 2010 SB 990 was enacted as Chapter 368.

Chamber Position: Oppose

Position Summary: The Maryland Chamber of Commerce opposed this bill as introduced. Although the bill was subsequently narrowed through amendment, the bill lowers the bar for what is considered a SLAPP suit, thereby immunizing from suit persons whose actions may cause injury to another party. Nothing has changed since the current SLAPP law was enacted in 2004 that warrants the changes this bill will cause in providing additional protections to one side of such litigation.

Position Statement:

Chamber Staff: Ronald Wineholt

General Assembly: Click here to view the bill on the Maryland General Assembly's website.