Ohio Senate Bill 237, which is intended to protect the First Amendment rights of Ohioans, was recently signed by Governor DeWine. The legislation creates a judicial process which is intended to prevent meritless lawsuits that attempt to intimidate individuals for exercising their Constitutional rights.
Definition & Scope of SLAPP Protections
Senate Bill 237 aims to prevent Strategic Lawsuits Against Public Participation (SLAPP), which are intended to stop individuals or groups from using their First Amendment rights in discussions about public issues. SLAPP lawsuits are often time-consuming and expensive for the individual or organization being sued.
Senate Bill 237 creates an expedited process for individuals engaging in speech protected by the United States and Ohio Constitutions to have these lawsuits dismissed if they meet certain criteria. The bill also allows a successful defendant to recoup attorney fees and other court fees if the case is dismissed, removing the financial burden of SLAPP cases.
Specifically, SB 237 applies to a cause of action asserted in a civil action against a person based on any of the following:
- The person's communication in a legislative, executive, judicial, administrative, or other governmental proceeding;
- The person's communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding;
- The person's exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution or the Ohio Constitution, on a matter of public concern.
Expedited Relief for SLAPP Defendants
In such a case, a defendant has a right to seek expedited relief to dismiss the civil action or claim. If expedited relief is sought, the Court may stay all other proceedings in the action, including discovery, and any other pending hearings or motions.
Criteria for Case Dismissal
In ruling on the motion for expedited relief, the court must dismiss with prejudice a cause of action, or part of a cause of action, if all of the following apply:
- The moving party establishes that the cause of action is based on a communication or action described in division (B) of section 2747.01 of the Revised Code;
- The responding party fails to establish that this chapter does not apply to the cause of action due to an exception in division (C) of section 2747.01 of the Revised Code;
- Either the responding party fails to establish a prima-facie case for each essential element of the cause of action or the moving party establishes one of the following: (a) The responding party failed to state a cause of action upon which relief can be granted. (b) There is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.
Ohio courts are now required to rule on the motion for expedited relief not later than sixty days after the hearing.
Awarding Attorney Fees & Costs
Ohio courts will be required to award reasonable attorney's fees, court costs, and other reasonable litigation expenses to the moving party if successful.
Broad Application of First Amendment Protections
Courts must broadly construe and apply the new law so as to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution and the Ohio Constitution.
Final Appealable Order
A decision granting or denying expedited relief is a final appealable order.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
