— Unreported Opinion —
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A defendant in a SLAPP suit is not civilly liable for communicating with a
federal, State, or local government body or the public at large, if the
defendant, without constitutional malice, reports on, comments on, rules on,
challenges, opposes, or in any other way exercises rights under the First
Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40
of the Maryland Declaration of Rights regarding any matter within the
authority of a government body or any issue of public concern.
First Amendment of the U.S. Constitution or Article 10, Article 13, or Article
40 of the Maryland Declaration of Rights regarding any matter within the
authority of a government body or any issue of public concern;
(2) Materially related to the defendant’s communication; and
(3) Intended to inhibit or inhibits the exercise of rights under the First
Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40
of the Maryland Declaration of Rights.
CJP § 5-807(b). The Fiscal and Policy Note to Senate Bill 464, which established the
legislation, recounted its purpose:
SLAPP suit laws protect individuals and groups, many with few
assets, from defending costly legal challenges to their lawful exercise of such
constitutionally protected rights as free speech, assembly, and the right to
petition the government. Covered activities may include writing letters to the
editor, circulating petitions, organizing and conducting peaceful protests,
reporting unlawful activities, speaking at public meetings, and similar
actions.
Plaintiffs in these lawsuits, who typically have far greater resources
than defendants, may allege a number of legal wrongs. The more common
causes of action include defamation, invasion of privacy, intentional
infliction of emotional distress, interference with contract or economic
advantage, and abuse of process. Their goal is often not to win the case, but
rather to cause the defendants to devote such significant resources to
defending it that they are unable to continue the challenged activities.
Approximately 20 states have enacted SLAPP suit laws. There are
judicial precedents in other states that accomplish this same result.
Dep’t Legis. Servs., Fiscal and Policy Note, S.B. 464, at 2 (2004 Session).