HB 103

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                         STATE OF WYOMING  ENGROSSED
                         HOUSE BILL NO. HB0103
 Wyoming First Amendment Protection Act.
 Sponsored by: Representative(s) Ottman and Heiner
                                     A BILL
                                      for
1 AN ACT relating to civil procedure; creating the Wyoming
2 First    Amendment    Protection      Act;     providing   immunity    from
3 lawsuits based on the constitutional rights of freedom of
4 petition,     freedom       of    assembly,    religious     freedom   and
5 expression of speech; specifying procedures and limitations
6 for     lawsuits    based    on    public     participation;    providing
7 legislative        findings;       specifying      applicability;       and
8 providing for an effective date.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
12Section 1.    W.S. 1-44-101 through 1-44-107 are created
13 to read:
14
15CHAPTER 44
16LAWSUITS AGAINST PUBLIC PARTICIPATION
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1
21-44-101.      Short title.
3
4 This act shall be known and may be cited as the "Wyoming
5 First Amendment Protection Act."
6
71-44-102.      Definitions.
8
9(a)    As used in this chapter:
10
11(i)     "Court" means any state or federal judicial
12 forum,       any     agency    of   the     state        or    its    political
13 subdivisions while conducting a contested case hearing and
14 any    arbitration       proceeding.      For      the    purposes      of   the
15 immunity established in W.S. 1-44-103, "court" includes any
16 forum adjudicating a claim arising under Wyoming law;
17
18(ii)    "Person"  includes  an  individual,
19 partnership, corporation, joint stock company or any other
20 association or entity, public or private;
21
22(iii)    "Privileged activities" means the exercise
23 of the right to petition, the right of freedom of speech,
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1 the right to assemble and the right of religious freedom
2 under the laws of Wyoming and the United States;
3
4(iv)   "SLAPP" means a strategic lawsuit against
5 public participation.
6
71-44-103.    Strategic        lawsuits     against       public
8 participation; immunity from suit.
9
10(a)   If an action of any kind is brought against a
11 person in any court and the action impacts or arises from
12 one (1) or more privileged activities, the person against
13 whom the action is brought shall be entitled to immunity
14 from suit on account of the person's privileged activity,
15 except as otherwise provided in this section. This immunity
16 protects     against   the   burdens   of   litigation    itself,   not
17 merely against ultimate liability.
18
19(b)   The immunity from       suit conferred      in subsection
20 (a) of this section shall include but is not limited to the
21 following privileged activities:
22
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1(i)     Any       written       or       oral        statement  made     in
2 connection  with     or     reporting  on     an     issue        under
3 consideration  or     review       by       a     legislative,  executive,
4 judicial,       quasi-judicial,  administrative  or      other
5 governmental  entity        or     in        any  official       proceeding
6 authorized by law, including pre-litigation communications
7 and demand letters;
8
9(ii)     Any      written       or    oral      statement  made     in    a
10 place open to the public or a public forum in connection
11 with an issue of public interest or concern;
12
13(iii)       Any    other    conduct  or     communication  that
14 seeks    to   influence,  inform,      facilitate  or    comment       on    a
15 matter   of    public       interest or  concern  and    that       seeks    to
16 procure governmental or public involvement or action.
17
18(c)    The immunity from  suit conferred  in subsection
19 (a) of this section may be raised in any dispositive motion
20 during a lawsuit or in any other pretrial motion that is
21 available     under        the    rules       of       the    court       and    where       the
22 immunity      may    be     raised.       Upon  the    filing       of    a     motion
23 asserting the immunity from suit conferred in subsection
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1 (a)    of    this        section,    the      court        shall     determine      the
2 immunity. If the party against whom an immunity motion is
3 filed moves to dismiss that party's own claims or amend the
4 party's      complaint       after   a       motion    asserting  immunity    is
5 filed under this section, the motion to dismiss or amend
6 shall not moot the immunity motion, and the court may deem
7 the    motion       to    dismiss    or      amend    as     evidence      that     the
8 immunity motion is meritorious.
9
10(d)    A     person    who    asserts  the    immunity      from    suit
11 conferred in this  section and        for        whom    the   immunity is
12 denied may file an interlocutory appeal for review of the
13 immunity separate from the merits of the underlying action.
14 Nothing in this subsection shall be construed to limit the
15 authority of the Wyoming supreme court to adopt rules to
16 govern these appeals.
17
18(e)    The immunity from suit granted in this section
19 may be overcome if the person's conduct:
20
21(i)        Was knowingly false and  defamatory      or was
22 made in reckless disregard of the truth, including willful
23 ignorance or a refusal to investigate;
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1
2(ii)    Constituted  a   true      threat,        incitement   to
3 imminent lawless action,  obscenity,  child pornography or
4 any    other    established        category  of   expression        that   falls
5 entirely outside constitutional protection; or
6
7(iii)    Was defamatory against a private figure,
8 whether       per      quod     defamation,  per       se     defamation     or
9 defamation by implication that does not involve a matter of
10 public concern, was at least negligent and the statements
11 at issue were factually false.
12
13(f)     The party not asserting immunity may overcome the
14 immunity       asserted        under  this       section  by    presenting
15 sufficient evidence that an exception under subsection (e)
16 of     this    section        applies.  In     determining  whether   an
17 immunity asserted under this section may be overcome, the
18 court shall only consider the pleadings, the motion, any
19 response       or   reply     to   the       motion        and    any     supporting   or
20 opposing affidavits or declarations stating the facts upon
21 which the asserted immunity or exception to the immunity is
22 based. The court shall construe any disputed material facts
23 in the light most favorable to the nonmoving party.
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1
2(g)     The immunity from suit under this section shall
3 apply     regardless      of      any       cause   of    action,      claim      or
4 counterclaim asserted under the laws of this state.
5
6(h)     A person asserting the immunity from suit under
7 this section may request a stay of all or part of the
8 proceedings. The court shall consider granting a stay to
9 effectuate the purposes of this chapter. The party opposing
10 the stay bears the burden of demonstrating that denial is
11 necessary to prevent manifest injustice to that party.
12
13(j)     No governmental entity and no public employee or
14 officer      acting      within       the     course     and   scope    of     the
15 employee's or officer's official duties or no other person
16 acting    on    behalf    of    and     under   color     of   authority     of    a
17 governmental entity shall assert or be granted the immunity
18 from suit conferred in this section for claims related to
19 the     entity's      exercise        of     governmental      power    or     the
20 employee's or officer's official conduct.
21
22(k)     Any action dismissed based on the immunity from
23 suit provided in this section shall be a dismissal with
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1 prejudice    and     shall    be    deemed  an    adjudication    on     the
2 merits.
3
41-44-104.     Strategic  lawsuits        against  public
5 participation immunity; attorney fees and costs; prevailing
6 party.
7
8(a)   The court shall award reasonable attorney fees,
9 costs and all reasonable expenses incurred to any person
10 who successfully asserts the immunity from suit provided in
11 W.S. 1-44-103. For purposes of this subsection, fees, costs
12 and    expenses     shall     include  all       reasonable    costs     and
13 expenses incurred in defending against the entire action,
14 including any appeals and all work undertaken to obtain,
15 enforce and collect an award under this section.
16
17(b)   For    purposes       of       this    section,    a    party    that
18 successfully       asserts    the   immunity  from    suit    provided   in
19 W.S. 1-44-103 against a governmental entity or employee or
20 officer of a governmental entity shall be entitled to be
21 awarded reasonable attorney fees, costs and expenses from
22 the governmental entity in accordance with this section.
23
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11-44-105.   Discretionary     fees;     nonmoving   party   for
2 immunity.
3
4 If a party invokes the immunity from suit provided in W.S.
5 1-44-103 and the court finds that the assertion of immunity
6 is frivolous, made in bad faith or was brought solely for
7 the purpose of delay or harassment, the court may award
8 reasonable attorney fees and costs to the nonmoving party
9 that the party incurred in responding to the assertion of
10 immunity from suit.
11
121-44-106.   Strategic       lawsuits;      countersuit      and
13 counterclaims.
14
15(a)   A SLAPP-back cause of action shall exist against
16 any person who brings an action or claim against another
17 person, where:
18
19(i)   The action or claim impacts or arises from
20 one (1) or more privileged activities of the person against
21 whom the action or claim is brought;
22
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1(ii)    The lawsuit or  claim    was brought against
2 the person for conduct or speech that was in furtherance of
3 any    of   the   rights     and   freedoms        protected     by   the    first
4 amendment to the United States constitution or article 1,
5 sections 19, 20 or 21 of the Wyoming constitution; and
6
7(iii)    The lawsuit or claim was:
8
9(A)     Brought to harass, intimidate or punish
10 the person for exercising first amendment rights;
11
12(B)     Brought     to    inhibit      the    exercise        of
13 first amendment rights;
14
15(C)     Brought    in    reckless      disregard        of   the
16 fact that the lawsuit or claim would have the effect of
17 harassment, intimidation or punishment of the exercise of
18 first amendment rights or the inhibition of the exercise of
19 those rights; or
20
21(D)     Continued        for    any    of    the        reasons
22 specified     in     this     paragraph        after      factual      or    legal
23 development made the lawsuit or claim no longer viable.
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1
2(b)    A cause of action under this section accrues upon
3 the filing of the underlying action or claim. The cause of
4 action may be asserted as a counterclaim in the underlying
5 action without awaiting resolution of any motion asserting
6 immunity from suit, or may be brought as a separate action
7 during or after the underlying action. In the event that a
8 party filed a motion invoking the immunity from suit and
9 the nonmoving party withdrew the claim before the immunity
10 was adjudicated, there shall be a presumption that the suit
11 was    a     SLAPP   suit,      and   thus        SLAPP-back      liability    is
12 established.
13
14(c)    Remedies available to a person prevailing in a
15 lawsuit under this section shall include:
16
17(i)    Compensatory  damages,      including     but     not
18 limited to damages for emotional distress and damages to
19 reputation. Damages awarded under this paragraph shall be
20 proportionate        to   the   portion      of    the   initial     lawsuit   to
21 which the immunity from suit would have applied;
22
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1(ii)    Statutory     damages      of   not    less    than    five
2 thousand dollars ($5,000.00) and not more than one hundred
3 thousand dollars ($100,000.00);
4
5(iii)    Reasonable        attorney      fees        and    costs,
6 including attorney fees and costs incurred defending the
7 initial lawsuit, if those attorney fees and costs were not
8 awarded under W.S. 1-44-104, and the difference between any
9 attorney       fees    incurred     in    a   prior    lawsuit       under    this
10 chapter       involving     the    same     parties    and    the     amount    of
11 attorney fees actually awarded.
12
13(d)     Any resident of this state against whom an action
14 is brought outside this state for claims that would have
15 been subject to this chapter if brought in the courts of
16 Wyoming       may   bring   a     lawsuit     specified      in   this    section
17 against the person who brought the foreign action, whether
18 in     this    state   or   in     any    other    jurisdiction       in     which
19 personal jurisdiction and venue are applicable.
20
211-44-107.       Applicability.
22
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1(a)   This    chapter     shall     be     construed      broadly     to
2 effectuate    the    purpose    of      protecting    the   constitutional
3 rights of free speech, petition, assembly and the freedom
4 of religion.
5
6(b)   The    immunity    from      suit    available      under     this
7 chapter is in addition to, and not in lieu of, any other
8 immunity, privilege or defense available under the United
9 States constitution, the Wyoming constitution, state law,
10 federal law or the common law.
11
12(c)   The immunity from suit provided in this chapter
13 is   substantive law       of   the     state    of Wyoming. In federal
14 courts and foreign jurisdictions, any procedural provisions
15 of this chapter are severable from the substantive immunity
16 from suit provided in this chapter.
17
18Section 2.
19
20(a)   The legislature finds and declares that:
21
22(i)    The   rights   to    speak    freely    on   matters    of
23 public concern, to assemble, to petition and of religious
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1 freedom are fundamental constitutional rights protected by
2 the first amendment to the United States constitution and
3 article     1,   sections      19,        20     and      21   of   the    Wyoming
4 constitution;
5
6(ii)    Lawsuits or other legal actions filed for
7 the purpose of chilling, punishing or retaliating against
8 the legitimate exercise of these rights are commonly known
9 as strategic lawsuits against public participation;
10
11(iii)    Strategic  lawsuits  against  public
12 participation threaten the full enjoyment of constitutional
13 rights and impose undue financial and emotional burdens on
14 citizens;
15
16(iv)    It   is    in    the        public      interest      to   grant
17 immunity    from    suit,     similar  to   the    qualified      immunity
18 afforded to public officials acting within their official
19 duties and discretionary authority, to persons who exercise
20 these   constitutional        rights,  unless     that   exercise      falls
21 outside of constitutional protection;
22
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1(v)     The immunity from strategic lawsuits against
2 public participation is only truly effective when it is a
3 substantive  immunity    from     suit    rather       than   a   limited
4 procedural mechanism;
5
6(vi)    The immunity from suit established by this
7 act is substantive law of the state of Wyoming that defines
8 the    scope    of     state-law    claims       and   shall     apply    wherever
9 these claims are adjudicated;
10
11(vii)    This      immunity        from      suit      would     be
12 irrevocably      lost     without       the   right    to   an     interlocutory
13 appeal.
14
15Section 3.
16
17(a)     This act shall apply to:
18
19(i)     All causes of action accruing on and after
20 the effective date of this act;
21
22(ii)    Any action pending on the effective date of
23 this act, if:
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1
2(A)   The    action    is    based       on   privileged
3 activities as defined by W.S. 1-44-102(a)(ii);
4
5(B)   No    dispositive     motion   has      been   ruled
6 upon as of the effective date of this act; and
7
8(C)   The     court,        in     its        discretion,
9 determines that the application of this act would not cause
10 manifest injustice to any party.
11
12Section 4.   This act is effective July 1, 2026.
13
14(END)
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