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Citizen Participation Act of 2020

USA116th CongressHR-7771| House 
| Updated: 7/24/2020
Steve Cohen

Steve Cohen

Democratic Representative

Tennessee

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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.
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Timeline
Jul 24, 2020
Introduced in House
Jul 24, 2020
Referred to the House Committee on the Judiciary.
  • July 24, 2020
    Introduced in House


  • July 24, 2020
    Referred to the House Committee on the Judiciary.

Law

Administrative law and regulatory proceduresCivil actions and liabilityEvidence and witnessesFirst Amendment rightsPublic participation and lobbying

Citizen Participation Act of 2020

USA116th CongressHR-7771| House 
| Updated: 7/24/2020
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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jul 24, 2020
Introduced in House
Jul 24, 2020
Referred to the House Committee on the Judiciary.
  • July 24, 2020
    Introduced in House


  • July 24, 2020
    Referred to the House Committee on the Judiciary.
Steve Cohen

Steve Cohen

Democratic Representative

Tennessee

Judiciary Committee

Law

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresCivil actions and liabilityEvidence and witnessesFirst Amendment rightsPublic participation and lobbying