HB 2756
Relating to legal actions concerning the exercise of a person’s constitutional rights
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, the "Uniform Public Expression Protection Act," aims to establish a process for dismissing legal actions related to the exercise of constitutional rights, specifically freedom of speech, the press, assembly, and association. It creates a specific cause of action and outlines procedures for expedited relief, including hearings, rulings, and appeals. The bill also addresses potential stays on proceedings and allows for the recovery of costs, attorney fees, and expenses in cases where a motion for dismissal is successful.
Key provisions
- Defines key terms such as ‘cause of action,’ ‘matter of public concern,’ and ‘governmental unit.’
- Establishes a ‘Uniform Public Expression Protection Act’ with a specific legislative purpose.
- Provides for expedited relief, including a 60-day timeframe for court rulings and an immediate appeal as a matter of right.
- Outlines specific circumstances where a cause of action may be dismissed, including certain types of government actions and commercial communications.
- Allows for the recovery of costs, attorney fees, and expenses in cases where a motion for dismissal is granted.
- Creates a short title for the article.
- Establishes procedures for hearings, proof, and dismissals.
- Specifies when a stay may be entered in proceedings.
Who is affected
- Individuals exercising their constitutional rights.
- Businesses and organizations involved in communication and expression.
- Governmental entities and their employees.
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yours