Recently, the Tennessee Senate and General Assembly unanimously passed HB 0777/SB1097 otherwise known as the Tennessee Public Participation Act. On April 23, 2019, Governor Bill Lee signed the bill which will become effective on July 1, 2019. This statute dictates new anti-SLAPP (Strategic Lawsuits Against Public Participation) measures for all citizens of Tennessee. The Tennessee Public Participation Act will broadly increase the protections as outlined in the first paragraph of the bill summary below:
“Under this bill, if a legal action is filed in response to a party’s exercise of the right of free speech, right to petition, or right of association, that party may petition the court to dismiss the legal action. All discovery in the legal action will be stayed upon the filing of a petition pursuant to this bill and the stay of discovery will remain in effect until the entry of an order ruling on the petition. The court may allow specified and limited discovery relevant to the petition upon a showing of good cause.”¹
The Tennessee Public Participation Act goes beyond Tennessee’s current anti-SLAPP Law (limited only to complaints made to government entities) and Tennessee’s “Loser pays” statute.² Tennessee joins states such as California and Texas in passing comprehensive anti-SLAPP legislation.