§ 9-33-2 Conditional immunity. – (a) A party's exercise of his or her right of petition or of free speech underthe United States or Rhode Island constitutions in connection with a matter ofpublic concern shall be conditionally immune from civil claims, counterclaims,or cross-claims. Such immunity will apply as a bar to any civil claim,counterclaim, or cross-claim directed at petition or free speech as defined insubsection (e) of this section, except if the petition or free speechconstitutes a sham. The petition or free speech constitutes a sham only if itis not genuinely aimed at procuring favorable government action, result, oroutcome, regardless of ultimate motive or purpose. The petition or free speechwill be deemed to constitute a sham as defined in the previous sentence only ifit is both:
(1) Objectively baseless in the sense that no reasonableperson exercising the right of speech or petition could realistically expectsuccess in procuring the government action, result, or outcome, and
(2) Subjectively baseless in the sense that it is actually anattempt to use the governmental process itself for its own direct effects. Useof outcome or result of the governmental process shall not constitute use ofthe governmental process itself for its own direct effects.
(b) The court shall stay all discovery proceedings in theaction upon the filing of a motion asserting the immunity established by thissection; provided, however, that the court, on motion and after a hearing andfor good cause shown, may order that specified discovery be conducted. The stayof discovery shall remain in effect until notice of entry of the order rulingon the motion.
(c) The immunity established by this section may be assertedby an appropriate motion or by other appropriate means under the applicablerules of civil procedure.
(d) If the court grants the motion asserting the immunityestablished by this section, or if the party claiming lawful exercise of his orher right of petition or of free speech under the United States or Rhode Islandconstitutions in connection with a matter of public concern is, in fact, theeventual prevailing party at trial, the court shall award the prevailing partycosts and reasonable attorney's fees, including those incurred for the motionand any related discovery matters. The court shall award compensatory damagesand may award punitive damages upon a showing by the prevailing party that theresponding party's claims, counterclaims, or cross-claims were frivolous orwere brought with an intent to harass the party or otherwise inhibit theparty's exercise of its right to petition or free speech under the UnitedStates or Rhode Island constitution. Nothing in this section shall affect orpreclude the right of the party claiming lawful exercise of his or her right ofpetition or of free speech under the United States or Rhode Islandconstitutions to any remedy otherwise authorized by law.
(e) As used in this section, "a party's exercise of its rightof petition or of free speech" shall mean any written or oral statement madebefore or submitted to a legislative, executive, or judicial body, or any othergovernmental proceeding; any written or oral statement made in connection withan issue under consideration or review by a legislative, executive, or judicialbody, or any other governmental proceeding; or any written or oral statementmade in connection with an issue of public concern.
§ 9-33-2 Conditional immunity. – (a) A party's exercise of his or her right of petition or of free speech underthe United States or Rhode Island constitutions in connection with a matter ofpublic concern shall be conditionally immune from civil claims, counterclaims,or cross-claims. Such immunity will apply as a bar to any civil claim,counterclaim, or cross-claim directed at petition or free speech as defined insubsection (e) of this section, except if the petition or free speechconstitutes a sham. The petition or free speech constitutes a sham only if itis not genuinely aimed at procuring favorable government action, result, oroutcome, regardless of ultimate motive or purpose. The petition or free speechwill be deemed to constitute a sham as defined in the previous sentence only ifit is both:
(1) Objectively baseless in the sense that no reasonableperson exercising the right of speech or petition could realistically expectsuccess in procuring the government action, result, or outcome, and
(2) Subjectively baseless in the sense that it is actually anattempt to use the governmental process itself for its own direct effects. Useof outcome or result of the governmental process shall not constitute use ofthe governmental process itself for its own direct effects.
(b) The court shall stay all discovery proceedings in theaction upon the filing of a motion asserting the immunity established by thissection; provided, however, that the court, on motion and after a hearing andfor good cause shown, may order that specified discovery be conducted. The stayof discovery shall remain in effect until notice of entry of the order rulingon the motion.
(c) The immunity established by this section may be assertedby an appropriate motion or by other appropriate means under the applicablerules of civil procedure.
(d) If the court grants the motion asserting the immunityestablished by this section, or if the party claiming lawful exercise of his orher right of petition or of free speech under the United States or Rhode Islandconstitutions in connection with a matter of public concern is, in fact, theeventual prevailing party at trial, the court shall award the prevailing partycosts and reasonable attorney's fees, including those incurred for the motionand any related discovery matters. The court shall award compensatory damagesand may award punitive damages upon a showing by the prevailing party that theresponding party's claims, counterclaims, or cross-claims were frivolous orwere brought with an intent to harass the party or otherwise inhibit theparty's exercise of its right to petition or free speech under the UnitedStates or Rhode Island constitution. Nothing in this section shall affect orpreclude the right of the party claiming lawful exercise of his or her right ofpetition or of free speech under the United States or Rhode Islandconstitutions to any remedy otherwise authorized by law.
(e) As used in this section, "a party's exercise of its rightof petition or of free speech" shall mean any written or oral statement madebefore or submitted to a legislative, executive, or judicial body, or any othergovernmental proceeding; any written or oral statement made in connection withan issue under consideration or review by a legislative, executive, or judicialbody, or any other governmental proceeding; or any written or oral statementmade in connection with an issue of public concern.
§ 9-33-2 Conditional immunity. – (a) A party's exercise of his or her right of petition or of free speech underthe United States or Rhode Island constitutions in connection with a matter ofpublic concern shall be conditionally immune from civil claims, counterclaims,or cross-claims. Such immunity will apply as a bar to any civil claim,counterclaim, or cross-claim directed at petition or free speech as defined insubsection (e) of this section, except if the petition or free speechconstitutes a sham. The petition or free speech constitutes a sham only if itis not genuinely aimed at procuring favorable government action, result, oroutcome, regardless of ultimate motive or purpose. The petition or free speechwill be deemed to constitute a sham as defined in the previous sentence only ifit is both:
(1) Objectively baseless in the sense that no reasonableperson exercising the right of speech or petition could realistically expectsuccess in procuring the government action, result, or outcome, and
(2) Subjectively baseless in the sense that it is actually anattempt to use the governmental process itself for its own direct effects. Useof outcome or result of the governmental process shall not constitute use ofthe governmental process itself for its own direct effects.
(b) The court shall stay all discovery proceedings in theaction upon the filing of a motion asserting the immunity established by thissection; provided, however, that the court, on motion and after a hearing andfor good cause shown, may order that specified discovery be conducted. The stayof discovery shall remain in effect until notice of entry of the order rulingon the motion.
(c) The immunity established by this section may be assertedby an appropriate motion or by other appropriate means under the applicablerules of civil procedure.
(d) If the court grants the motion asserting the immunityestablished by this section, or if the party claiming lawful exercise of his orher right of petition or of free speech under the United States or Rhode Islandconstitutions in connection with a matter of public concern is, in fact, theeventual prevailing party at trial, the court shall award the prevailing partycosts and reasonable attorney's fees, including those incurred for the motionand any related discovery matters. The court shall award compensatory damagesand may award punitive damages upon a showing by the prevailing party that theresponding party's claims, counterclaims, or cross-claims were frivolous orwere brought with an intent to harass the party or otherwise inhibit theparty's exercise of its right to petition or free speech under the UnitedStates or Rhode Island constitution. Nothing in this section shall affect orpreclude the right of the party claiming lawful exercise of his or her right ofpetition or of free speech under the United States or Rhode Islandconstitutions to any remedy otherwise authorized by law.
(e) As used in this section, "a party's exercise of its rightof petition or of free speech" shall mean any written or oral statement madebefore or submitted to a legislative, executive, or judicial body, or any othergovernmental proceeding; any written or oral statement made in connection withan issue under consideration or review by a legislative, executive, or judicialbody, or any other governmental proceeding; or any written or oral statementmade in connection with an issue of public concern.
