An Act to amend 802.06 (2) (b); to create 802.06 (2) (a) 11. and 802.065 of the statutes; Relating to: adopting the Uniform Public Expression Protection Act.
Impact
The introduction of AB701 is expected to influence state laws concerning civil litigation, specifically by allowing defendants to dismiss cases more easily when they arise from a right to express views on public matters. It establishes a legal framework where courts are required to hold hearings on special motions within a specified period, while also delaying other proceedings, such as discovery, until the motion is resolved. The overall intent behind the bill is to protect the right to free speech and ensure that public conversations can continue without the threat of frivolous lawsuits.
Summary
Assembly Bill 701, titled Adopting the Uniform Public Expression Protection Act, aims to implement the Uniform Public Expression Protection Act (UPEPA) approved by the Uniform Law Commission in 2020. This bill seeks to facilitate expedited dismissal of civil actions against individuals based on communications made during governmental proceedings or on matters of public concern. The notable feature of the bill is the granting of an expedited special motion to dismiss, which allows individuals to quickly challenge lawsuits that they believe are intended to silence public discourse or expression.
Contention
While supporters of AB701 praise its objectives to protect freedom of expression, there are potential points of contention regarding the scope and application of the law. Critics may raise concerns over the bill's provisions that restrict civil actions in cases involving governmental units or employees acting in their official capacities, possibly limiting accountability. Furthermore, there may be discussions around how broadly the court can interpret 'public concern' and whether this could inadvertently shield certain actions from legitimate scrutiny under the guise of protecting free speech.