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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
Senate Bill 180
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conform-
ance with presession filing rules, indicating neither advocacy nor opposition on the part of the
President (at the request of Senate Interim Committee on Judiciary)
CHAPTER .................................................
AN ACT
Relating to retaliatory actions for defamation; creating new provisions; and amending ORS 31.150.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
In a claim for defamation against an individual who makes a communication
regarding an incident of sexual assault committed against the individual, in addition to the
other elements required to prove a claim of defamation, it is an element of the claim that
the individual made the communication with malice.
SECTION 2. ORS 31.150 is amended to read:
31.150. (1) A defendant may make a special motion to strike against a claim in a civil action
described in subsection (2) of this section. The court shall grant the motion unless the plaintiff es-
tablishes in the manner provided by subsection (4) or (5) of this section that there is a probability
that the plaintiff will prevail on the claim. The special motion to strike shall be treated as a motion
to dismiss under ORCP 21 A but shall not be subject to ORCP 21 F. Upon granting the special mo-
tion to strike, the court shall enter a judgment of dismissal without prejudice. If the court denies
a special motion to strike, the court shall enter a limited judgment denying the motion.
(2) A special motion to strike may be made under this section against any claim in a civil action
that arises out of:
(a)(A) Any oral statement made, or written statement or other document submitted, in a legis-
lative, executive or judicial proceeding or other proceeding authorized by law;
[(b)] (B) Any oral statement made, or written statement or other document submitted, in con-
nection with an issue under consideration or review by a legislative, executive or judicial body or
other proceeding authorized by law;
[(c)] (C) Any oral statement made, or written statement or other document presented, in a place
open to the public or a public forum in connection with an issue of public interest; or
[(d)] (D) Any other conduct in furtherance of the exercise of the constitutional right of assem-
bly, petition or association or the constitutional right of free speech or freedom of the press in
connection with a public issue or an issue of public interest[ .]; or
(b) Any oral statement made, or written statement or other document presented, re-
garding an incident of sexual assault committed against an individual, if the statement or
document is made or presented in good faith and with an objectively reasonable belief that
the incident of sexual assault occurred.
Enrolled Senate Bill 180 (SB 180-A) Page 1
(3) A special motion to strike may not be made against a claim under this section against a
person primarily engaged in the business of selling or leasing goods or services if the claim arises
out of a communication related to the person’s sale or lease of the goods or services.
(4) A defendant making a special motion to strike under the provisions of this section has the
initial burden of making a prima facie showing that the claim against which the motion is made
arises out of a statement, document or conduct described in subsection (2) of this section. Except
as provided in subsection (5) of this section, if the defendant meets this burden, the burden shifts
to the plaintiff in the action to establish that there is a probability that the plaintiff will prevail on
the claim by presenting substantial evidence to support a prima facie case. If the plaintiff meets this
burden, the court shall deny the motion.
(5) In addition to the requirements of subsection (4) of this section, if the special motion
to strike is against a claim of defamation and the defendant meets the initial burden of
making a prima facie showing that the defamation claim arises out of a statement, document
or conduct described in subsection (2)(b) of this section, the burden shifts to the plaintiff in
the action to establish that there is a probability that the plaintiff will prevail on the claim
by presenting substantial evidence to support a prima facie case, and that there is a proba-
bility that the defendant acted with malice in making the communication. If the plaintiff
meets this burden, the court shall deny the motion.
[(5)] (6) In making a determination under subsection (1) of this section, the court shall consider
pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense
is based.
[(6)] (7) If the court determines that the plaintiff has established a probability that the plaintiff
will prevail on the claim:
(a) The fact that the determination has been made and the substance of the determination may
not be admitted in evidence at any later stage of the case; and
(b) The determination does not affect the burden of proof or standard of proof that is applied in
the proceeding.
Passed by Senate April 16, 2025
..................................................................................
Obadiah Rutledge, Secretary of Senate
..................................................................................
Rob Wagner, President of Senate
Passed by House May 27, 2025
..................................................................................
Julie Fahey, Speaker of House
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled Senate Bill 180 (SB 180-A) Page 2