HB0103

Creates the Wyoming First Amendment Protection Act, establishing immunity from lawsuits arising from or impacting the exercise of constitutional rights to petition, assembly, free speech, and religious freedom.

• Grants immunity from suit to persons whose actions arise from or impact privileged activities including statements in governmental proceedings, public forums on matters of public interest, and conduct seeking to influence governmental or public action. (W.S. 1-44-103(a), W.S. 1-44-103(b))
• Allows immunity to be raised as a dispositive or pretrial motion, and permits interlocutory appeal if immunity is denied, separate from the merits of the underlying action. (W.S. 1-44-103(c), W.S. 1-44-103(d))
• Limits immunity by allowing it to be overcome if conduct was knowingly false and defamatory, made in reckless disregard of truth, or falls entirely outside constitutional protection such as true threats or incitement to imminent lawless action. (W.S. 1-44-103(e))
• Requires courts to award reasonable attorney fees, costs, and all reasonable expenses to persons who successfully assert the immunity, including fees from governmental entities. (W.S. 1-44-104)
• Allows courts to award attorney fees and costs to the opposing party if the immunity assertion is found to be frivolous, made in bad faith, or brought solely for delay or harassment. (W.S. 1-44-105)
• Creates a SLAPP-back cause of action allowing persons against whom strategic lawsuits against public participation are filed to sue for compensatory damages, statutory damages between $5,000 and $100,000, and attorney fees. (W.S. 1-44-106)
• Establishes a presumption that a suit is a SLAPP suit if a party invoked immunity and the opposing party withdrew the claim before immunity was adjudicated. (W.S. 1-44-106(b))
• Allows Wyoming residents sued outside the state for claims that would be subject to this chapter to file a SLAPP-back lawsuit against the plaintiff in Wyoming or another jurisdiction. (W.S. 1-44-106(d))
• Exempts governmental entities and public employees acting within the scope of official duties from asserting or receiving immunity under this chapter for claims related to governmental power or official conduct.