§ 8320.1 — Action for protected public expression

Pennsylvania § 8320.1

• Jurisdiction: Pennsylvania
• Title 42: JUDICIARY AND JUDICIAL PROCEDURE
• Part: PART VII
• Ch. 83: PARTICULAR RIGHTS AND IMMUNITIES
• Subch.: RIGHTS OF ACTION

Text

(a) Establishment.--A person has a cause of action if, in a previous cause of action based on protected public expression:

(1) the person would have prevailed on a ground under section 8340.15 (relating to grant of immunity); but

(2) the court did not make a determination on immunity under section 8340.15.

(b) Recovery.--A party that prevails in an action under this section is entitled to recover from the nonprevailing party under subsection (a)(1) all of the following:

(1) Attorney fees, court costs and expenses of litigation in the underlying action.

(2) Punitive damages upon proof that the underlying action was commenced or continued for the sole purpose of harassing, intimidating, punishing or maliciously inhibiting protected public expression.

(c) Construction.--This section shall be broadly construed and applied to defend and enhance protected public expression.

(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Protected public expression."As defined in section 8340.13 (relating to definitions).

"Protected public expression immunity."As defined in section 8340.13.

Legislative History

(July 17, 2024, P.L.836, No.72, eff. imd.) 2024 Amendment.Act 72 added section 8320.1. See sections 5 and 6 of Act 72 in the appendix to this title for special provisions relating to application of law.