A new legislative proposal, House Bill 391, introduced in the New Hampshire Legislature on January 23, 2025, aims to strengthen protections against Strategic Lawsuits Against Public Participation (SLAPP). This bill seeks to provide a robust legal framework for individuals who face retaliatory lawsuits aimed at silencing their free speech or public participation.

The key provisions of House Bill 391 include the establishment of a separate cause of action for those aggrieved by SLAPP suits, allowing them to seek damages and recover legal costs. If a party successfully invokes the anti-SLAPP protections, they can pursue a separate action to recover costs and fees not granted by the trial court. The bill stipulates that successful plaintiffs may receive statutory damages starting at $10,000, along with compensatory damages and reimbursement for attorneys' fees.

One notable aspect of the bill is its retroactive application, which would affect ongoing cases in New Hampshire and potentially extend to federal and foreign jurisdictions. This provision has sparked discussions among legal experts regarding its implications for existing lawsuits and the broader legal landscape.

While the bill has garnered support from free speech advocates and civil rights organizations, it has also faced scrutiny. Critics argue that the retroactive nature could complicate ongoing litigation and may lead to an influx of claims that could burden the court system. Proponents, however, emphasize the importance of protecting individuals from frivolous lawsuits that aim to stifle public discourse.

The economic implications of House Bill 391 could be significant, as it may deter potential SLAPP suits, thereby fostering a more open environment for public participation in civic matters. Legal experts suggest that by providing a clear pathway for individuals to defend themselves against such lawsuits, the bill could empower citizens and encourage greater engagement in community issues.

As the New Hampshire Legislature continues to debate the bill, its potential to reshape the legal protections surrounding free speech remains a focal point. If passed, House Bill 391 could take effect on January 1, 2026, marking a pivotal moment in the state's commitment to safeguarding the rights of its residents against retaliatory legal actions.