Civil Actions - Maryland Uniform Public Expression Protection Act

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0650*

HOUSE BILL 650
D3 6lr1917
CF SB 251
By: Delegates Rosenberg, Cardin, Embry, Phillips, Schmidt, Stinnett, and
Williams
Introduced and read first time: January 30, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Civil Actions – Maryland Uniform Public Expression Protection Act 2

FOR the purpose of repealing a certain provision relating to strategic lawsuits against 3
public participation; authorizing a person served with a pleading asserting a certain 4
cause of action based on the person’s communication related to a governmental 5
proceeding or exercise of certain constitutional rights to file a special motion for 6
expedited relief to dismiss the cause of action; and generally relating to civil actions 7
and public expression. 8

BY repealing 9
Article – Courts and Judicial Proceedings 10
Section 5–807 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2025 Supplement) 13

BY adding to 14
Article – Courts and Judicial Proceedings 15
Section 5–1301 through 5–1313 to be under the new subtitle “Subtitle 13. Maryland 16
Uniform Public Expression Protection Act” 17
Annotated Code of Maryland 18
(2020 Replacement Volume and 2025 Supplement) 19

BY renumbering 20
Article – Courts and Judicial Proceedings 21
Section 5–808 22
to be Section 5–807 23
Annotated Code of Maryland 24
(2020 Replacement Volume and 2025 Supplement) 25

2 HOUSE BILL 650

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2

Article – Courts and Judicial Proceedings 3

[5–807. 4

(a) In this section, “SLAPP suit” means a strategic lawsuit against public 5
participation. 6

(b) A lawsuit is a SLAPP suit if it is: 7

(1) Brought in bad faith against a party who has communicated with a 8
federal, State, or local government body or the public at large to report on, comment on, 9
rule on, challenge, oppose, or in any other way exercise rights under the First Amendment 10
of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration 11
of Rights regarding any matter within the authority of a government body or any issue of 12
public concern; 13

(2) Materially related to the defendant’s communication; and 14

(3) Intended to inhibit or inhibits the exerci se of rights under the First 15
Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland 16
Declaration of Rights. 17

(c) A defendant in a SLAPP suit is not civilly liable for communicating with a 18
federal, State, or local govern ment body or the public at large, if the defendant, without 19
constitutional malice, reports on, comments on, rules on, challenges, opposes, or in any 20
other way exercises rights under the First Amendment of the U.S. Constitution or Article 21
10, Article 13, or Article 40 of the Maryland Declaration of Rights regarding any matter 22
within the authority of a government body or any issue of public concern. 23

(d) A defendant in an alleged SLAPP suit may move to: 24

(1) Dismiss the alleged SLAPP suit, in which case th e court shall hold a 25
hearing on the motion to dismiss as soon as practicable; or 26

(2) Stay all court proceedings until the matter about which the defendant 27
communicated to the government body or the public at large is resolved. 28

(e) This section: 29

(1) Is applicable to SLAPP suits notwithstanding any other law or rule; and 30

(2) Does not diminish any equitable or legal right or remedy otherwise 31
available to a defendant in a SLAPP suit.] 32

HOUSE BILL 650 3

SUBTITLE 13. MARYLAND UNIFORM PUBLIC EXPRESSION PROTECTION ACT. 1

5–1301. 2

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3
INDICATED. 4

(B) “GOODS OR SERVICES ” DOES NOT INCLUDE THE CREATION, 5
DISSEMINATION, EXHIBITION, OR ADVERTISEMENT OR SIMILAR PROMOTION OF A 6
DRAMATIC, LITERARY, MUSICAL, POLITICAL, JOURNALISTIC, OR ARTISTIC WORK. 7

(C) “GOVERNMENTAL UNIT ” MEANS A PUBLIC CORPO RATION OR A 8
GOVERNMENT OR GOVERNMENTAL SUBDIVISION, AGENCY, OR INSTRUMENTALITY. 9

(D) “PERSON” MEANS AN INDIVIDUAL , AN ESTATE , A TRUST , A 10
PARTNERSHIP, A BUSINESS OR NONPROFIT ENTITY, A GOVERNMENTAL UNIT, OR ANY 11
OTHER LEGAL ENTITY. 12

5–1302. 13

(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THIS 14
SUBTITLE APPLIES TO A CAUSE OF ACTION ASSERTED IN A CIVIL ACTION AGAINST A 15
PERSON BASED ON THE PERSON’S: 16

(1) COMMUNICATION IN A LEGISLATIVE , EXECUTIVE, JUDICIAL, 17
ADMINISTRATIVE, OR OTHER GOVERNMENTAL PROCEEDING; 18

(2) COMMUNICATION ON AN I SSUE UNDER CONSIDERA TION OR 19
REVIEW IN A LEGISLAT IVE, EXECUTIVE, JUDICIAL, ADMINISTRATIVE, OR OTHER 20
GOVERNMENTAL PROCEEDING; OR 21

(3) EXERCISE OF THE RIGHT OF FREE DOM OF SPEECH OR OF THE 22
PRESS, THE RIGHT TO ASSEMBL E OR PETITION , OR THE RIGHT OF ASSO CIATION, 23
GUARANTEED BY THE UNITED STATES CONSTITUTION, THE MARYLAND 24
CONSTITUTION, OR THE MARYLAND DECLARATION OF RIGHTS, ON A MATTER OF 25
PUBLIC CONCERN. 26

(B) THIS SUBTITLE DOES NOT APPLY TO A CAUSE OF ACTION ASSERTED: 27

(1) AGAINST A GOVERNMENTAL UNIT OR AN EMPLOYEE OR AGENT OF 28
A GOVERNMENTAL UNIT ACTING OR PURPORTING TO ACT IN AN OFFICIAL CAPACITY; 29

4 HOUSE BILL 650

(2) BY A GOVERNMENTAL UNI T OR AN EMPLOYEE OR AGENT OF A 1
GOVERNMENTAL UNIT AC TING IN AN OFFICIAL CAPACITY TO ENFORCE A LAW TO 2
PROTECT AGAINST AN IMMINENT THREAT TO PUBLIC HEALTH OR SAFETY; OR 3

(3) AGAINST A PERSON PRIM ARILY ENGAGED IN THE BUSINESS OF 4
SELLING OR LEASING GOODS OR SERVICES IF THE CAUSE OF ACTION ARISES OUT OF 5
A COMMUNICATION RELATED TO THE PERSON’S SALE OR LEASE OF T HE GOODS OR 6
SERVICES. 7

5–1303. 8

NOT LATER THAN 60 DAYS AFTER A PARTY I S SERVED WITH A COMP LAINT, 9
PETITION, CROSSCLAIM, COUNTERCLAIM, THIRD–PARTY CLAIM , OR OTHER 10
PLEADING THAT ASSERTS A CAUSE OF AC TION TO WHICH THIS S UBTITLE APPLIES, 11
OR AT A LATER TIME O N A SHOWING OF GOOD CAUSE, THE PARTY MAY FILE A 12
SPECIAL MOTION FOR E XPEDITED RELIEF TO D ISMISS THE CAUSE OF ACTION OR 13
PART OF THE CAUSE OF ACTION. 14

5–1304. 15

(A) EXCEPT AS PROVIDE D IN SUBSECTIONS (D) THROUGH (G) OF THIS 16
SECTION, ON THE FILING OF A MOTION UNDER § 5–1303 OF THIS SUBTITLE: 17

(1) ALL OTHER PROCEEDINGS BETWEEN THE MOVING P ARTY AND 18
RESPONDING PARTY , INCLUDING DISCOVERY AND ANY PENDING HEAR ING OR 19
MOTION, ARE STAYED; AND 20

(2) ON MOTION BY THE MOVI NG PARTY , THE COURT MAY STAY A 21
HEARING OR MOTION IN VOLVING ANOTHER PART Y, OR DISCOVERY BY ANOT HER 22
PARTY, IF THE HEARING OR RULING ON THE MOTION WOULD ADJUDICATE, OR THE 23
DISCOVERY WOULD RELA TE TO , AN ISSUE MATERIAL TO THE MOTION UNDER § 24
5–1303 OF THIS SUBTITLE. 25

(B) A STAY UNDER SUBSECTION (A) OF THIS SECTION REMA INS IN EFFECT 26
UNTIL ENTRY OF AN OR DER RULING ON THE MO TION UNDER § 5–1303 OF THIS 27
SUBTITLE AND EXPIRATION OF THE TIME UNDE R § 5–1309 OF THIS SUBTITLE FOR 28
THE MOVING PARTY TO APPEAL THE ORDER. 29

(C) (1) EXCEPT AS PROVIDED IN SUBSECTIONS (E), (F), AND (G) OF THIS 30
SECTION, IF A PARTY APPEALS F ROM AN ORDER RULING ON A MOTION UNDER § 31
5–1303 OF THIS SUBTITLE , ALL PROCEEDINGS BETW EEN ALL PARTIES IN T HE 32
ACTION ARE STAYED. 33

HOUSE BILL 650 5

(2) A STAY UNDER PARAGRAPH (1) OF THIS SUBSECTION REMAINS IN 1
EFFECT UNTIL THE CONCLUSION OF THE APPEAL. 2

(D) DURING A STAY UNDER SUBSECTION (A) OF THIS SECTION, THE COURT 3
MAY ALLOW LIMITED DISCOVERY IF: 4

(1) A PARTY SHOWS THAT SPECIFIC INFORMATION IS NECESSARY TO 5
ESTABLISH WHETHER A PARTY HAS SATISFIED OR FAILED TO SATISFY A BURDEN 6
UNDER § 5–1307(A) OF THIS SUBTITLE; AND 7

(2) THE INFORMATION IS NO T REASONABLY AVAILAB LE UNLESS 8
DISCOVERY IS ALLOWED. 9

(E) A MOTION UNDER § 5–1310 OF THIS SUBTITLE FOR COSTS, ATTORNEY’S 10
FEES, AND EXPENSES IS NOT SUBJECT TO A STAY UNDER THIS SECTION. 11

(F) A STAY UNDER THIS SECTION DOES NOT AFFECT A PARTY’S ABILITY TO: 12

(1) VOLUNTARILY DISMISS A CAUSE OF ACTION OR PART OF A CAUSE 13
OF ACTION; OR 14

(2) MOVE TO SEVER A CAUSE OF ACTION. 15

(G) DURING A STAY UNDER T HIS SECTION, THE COURT FOR GOOD C AUSE 16
SHOWN MAY HEAR AND RULE ON: 17

(1) A MOTION UNRELATED TO THE MOTION UNDER § 5–1303 OF THIS 18
SUBTITLE; OR 19

(2) A MOTION SEEKING A SPECIAL OR PRELIMINARY INJUNCTION TO 20
PROTECT AGAINST AN IMMINENT THREAT TO PUBLIC HEALTH OR SAFETY. 21

5–1305. 22

(A) THE COURT SHALL HEAR A MOTION UNDER § 5–1303 OF THIS SUBTITLE 23
NOT LATER THAN 60 DAYS AFTER THE FILING OF THE MOTION, UNLESS THE COURT 24
ORDERS A LATER HEARING: 25

(1) TO ALLOW DISCOVERY UNDER § 5–1304(D) OF THIS SUBTITLE; OR 26

(2) FOR OTHER GOOD CAUSE SHOWN. 27

6 HOUSE BILL 650

(B) IF THE COURT ORDERS A LATER HEARING UNDER SUBSECTION (A)(1) OF 1
THIS SECTION , THE COURT SHALL HEAR THE MOTION UNDER § 5–1303 OF THIS 2
SUBTITLE NOT LATER T HAN 60 DAYS AFTER THE COURT ORDER ALLOWING THE 3
DISCOVERY, UNLESS THE COURT ORD ERS A LATER HEARING UNDER SUBSECTION 4
(A)(2) OF THIS SECTION. 5

5–1306. 6

IN RULING ON A MOTION UNDER § 5–1303 OF THIS SUBTITLE , THE COURT 7
SHALL CONSIDER: 8

(1) THE PLEADINGS; 9

(2) THE MOTION; 10

(3) ANY REPLY OR RESPONSE TO THE MOTION; AND 11

(4) ANY EVIDENCE THAT COU LD BE CONSIDERED IN RULING ON A 12
MOTION FOR SUMMARY JUDGMENT IN ACCORDANCE WITH THE MARYLAND RULES. 13

5–1307. 14

(A) IN RULING ON A MOTION UNDER § 5–1303 OF THIS SUBTITLE , THE 15
COURT SHALL DISMISS WITH PREJUDICE A CAUSE OF ACTION OR A PART OF A CAUSE 16
OF ACTION IF: 17

(1) THE MOVING PARTY ESTA BLISHES UNDER § 5–1302(A) OF THIS 18
SUBTITLE THAT THIS SUBTITLE APPLIES; 19

(2) THE RESPONDING PARTY FAILS TO ESTABLISH U NDER § 20
5–1302(B) OF THIS SUBTITLE THAT THIS SUBTITLE DOES NOT APPLY; AND 21

(3) (I) THE RESPONDING PARTY FAILS TO ESTABLISH A PRIMA 22
FACIE CASE AS TO EACH ESSENTIAL ELEMENT OF THE CAUSE OF ACTION; OR 23

(II) THE MOVING PARTY ESTABLISHES THAT: 24

1. THE RESPONDING PARTY FAILED TO STATE A CA USE 25
OF ACTION UPON WHICH RELIEF CAN BE GRANTED; OR 26

2. THERE IS NO GENUINE I SSUE AS TO ANY MATER IAL 27
FACT AND THE MOVING PARTY IS ENTITLED TO JUDGMENT AS A MATTER OF LAW ON 28
THE CAUSE OF ACTION OR PART OF THE CAUSE OF ACTION. 29
HOUSE BILL 650 7

(B) A VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF A RESPO NDING 1
PARTY’S CAUSE OF ACTION, OR PART OF A CAUSE OF ACTION, THAT IS THE SUBJECT 2
OF A MOTION UNDER § 5–1303 OF THIS SUBTITLE DOE S NOT AFFECT A MOVIN G 3
PARTY’S RIGHT TO OBTAIN A RULING ON THE MOTION AND SEEK COSTS, ATTORNEY’S 4
FEES, AND EXPENSES UNDER § 5–1310 OF THIS SUBTITLE. 5

(C) A VOLUNTARY DISMISSAL WITH PREJUDICE OF A RESPONDING PARTY’S 6
CAUSE OF ACTION , OR PART OF A CAUSE O F ACTION, THAT IS THE SUBJECT OF A 7
MOTION UNDER § 5–1303 OF THIS SUBTITLE ESTABLISHES FOR THE PURPOSE OF § 8
5–1310 OF THIS SUBTITLE THAT THE MOVING PARTY PREVAILED ON THE MOTION. 9

5–1308. 10

THE COURT SHALL RULE ON A MOTION UNDER § 5–1303 OF THIS SUBTITLE 11
NOT LATER THAN 60 DAYS AFTER A HEARING UNDER § 5–1305 OF THIS SUBTITLE. 12

5–1309. 13

(A) A MOVING PARTY MAY APPEAL AS A MATTER OF RIGHT FROM AN ORDER 14
DENYING, IN WHOLE OR IN PART, A MOTION UNDER § 5–1303 OF THIS SUBTITLE. 15

(B) AN APPEAL UNDER THIS SECTION SHALL BE FILED NOT LATER THAN 21 16
DAYS AFTER ENTRY OF THE ORDER. 17

5–1310. 18

ON A MOTION UNDER § 5–1303 OF THIS SUBTITLE, THE COURT SHALL AWARD 19
COURT COSTS , REASONABLE ATTORNEY ’S FEES , AND REASONABLE LITIG ATION 20
EXPENSES RELATED TO THE MOTION: 21

(1) TO THE MOVING PARTY IF THE MOVING PARTY PREVAILS ON THE 22
MOTION; OR 23

(2) TO THE RESPONDING PAR TY IF THE RESPONDING PARTY 24
PREVAILS ON THE MOTI ON AND THE COURT FIN DS THAT THE MOTION W AS 25
FRIVOLOUS OR FILED SOLELY WITH INTENT TO DELAY THE PROCEEDING. 26

5–1311. 27

THIS SUBTITLE SHALL B E BROADLY CONSTRUED AND APPLIED TO PROTE CT 28
THE EXERCISE OF THE RIGHT OF FREEDOM OF SPEECH AND OF T HE PRESS , THE 29
RIGHT TO ASSEMBLE AN D PETITION , AND THE RIGHT OF ASS OCIATION, 30
8 HOUSE BILL 650

GUARANTEED BY THE UNITED STATES CONSTITUTION, THE MARYLAND 1
DECLARATION OF RIGHTS, AND THE MARYLAND CONSTITUTION. 2

5–1312. 3

IN APPLYING AND CONST RUING THIS SUBTITLE , CONSIDERATION SHALL BE 4
GIVEN TO THE NEED TO PROMOTE UNIFORMITY OF THE LAW WITH RESPECT TO ITS 5
SUBJECT MATTER AMONG THE STATES THAT ENACT IT. 6

5–1313. 7

THIS SUBTITLE MAY BE CITED AS THE MARYLAND UNIFORM PUBLIC 8
EXPRESSION PROTECTION ACT. 9

SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 5–808 of Article – 10
Courts and Judicial Proceedings of the Annotated Code of Maryland be renumbered to be 11
Section(s) 5–807. 12

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 13
apply only prospectively and may not be applied or interpreted to have any effect on or 14
application to any cause of action arising before the effective date of this Act. 15

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2026. 17