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SB137

South Dakota Anti-SLAPP Law to Protect Free Speech

Last scannedAug 25, 2026, 3:29 AM

In one sentence

This law creates a special court process for people sued over their public speech or government-related communication, allowing them to ask the judge to dismiss the case early and potentially get paid legal fees if they win.

Allows defendants to file a special motion within 60 days of being served with a lawsuit based on protected expression.
Stops most other court activities in the case while judges decide whether to dismiss the lawsuit early, though limited discovery is allowed if necessary.
Requires courts to hold hearings and make rulings on these motions quickly, usually within 60 days after filing or hearing.
Orders losing parties to pay winning parties' legal fees if the motion was successful, or if a court finds the motion was filed just to delay the trial.

People sued for communicating in government proceedings or speaking about public issues.
Government units and their employees acting in an official capacity are excluded from this law's protection.
Businesses primarily selling goods or services when the lawsuit involves those sales, unless the communication is artistic, dramatic, journalistic, literary, musical, or political.

The law does not apply if the person being sued is primarily in business selling goods or services related to the communication, unless the work is artistic, dramatic, journalistic, literary, musical, or political.
Courts may allow limited discovery only if a party shows specific information is necessary and cannot be found otherwise.

Plain language

Anti-SLAPP: A legal tool used to stop lawsuits that try to silence people by punishing them for speaking on public issues.
Protected Public Expression: Communication in government proceedings or the exercise of free speech rights regarding matters of public concern.
Stay: A court order that pauses most other parts of a lawsuit while it decides on the special motion to dismiss.

Official record

Source attached

establish procedures for anti-SLAPP actions to protect the exercise of a person's constitutional rights, including freedom of speech.

Official activity