§ 20-17-105. Burden of Proof — Dismissal of Legal Action
The petitioning party has the burden of making a prima facie case that a legal action against the petitioning party is based on, relates to, or is in response to that party’s exercise of the right to free speech, right to petition, or right of association. If the petitioning party meets this burden, the court […]
§ 20-17-106. Appeal of Order Dismissing or Refusing to Dismiss Legal Action
The court’s order dismissing or refusing to dismiss a legal action pursuant to a petition filed under this chapter is immediately appealable as a matter of right to the court of appeals. The Tennessee Rules of Appellate Procedure applicable to appeals as a matter of right governs such appeals.
§ 20-17-107. Award of Court Costs, Attorney’s Fees, and Other Costs and Expenses — Additional Relief
If the court dismisses a legal action pursuant to a petition filed under this chapter, the court shall award to the petitioning party: Court costs, reasonable attorney’s fees, discretionary costs, and other expenses incurred in filing and prevailing upon the petition; and Any additional relief, including sanctions, that the court determines necessary to deter repetition […]
§ 20-17-108. Effect of Chapter
Nothing in this chapter: Applies to an enforcement action that is brought in the name of the state or a political subdivision of this state by the attorney general, a district attorney general, or a county or municipal attorney; Can result in findings or determinations that are admissible in evidence at any later stage of […]
§ 20-17-109. Intent of Chapter
This chapter is intended to provide an additional substantive remedy to protect the constitutional rights of parties and to supplement any remedies which are otherwise available to those parties under common law, statutory law, or constitutional law or under the Tennessee Rules of Civil Procedure.
§ 20-17-110. Severability
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of chapter 185 of the Public Acts of 2019 that can be given effect without the invalid provision or application, and to that end the provisions of chapter […]
§ 20-17-101. Short Title
This chapter shall be known and may be cited as the “Tennessee Public Participation Act.”
§ 20-17-102. Purpose of Chapter
The purpose of this chapter is to encourage and safeguard the constitutional rights of persons to petition, to speak freely, to associate freely, and to participate in government to the fullest extent permitted by law and, at the same time, protect the rights of persons to file meritorious lawsuits for demonstrable injury. This chapter is […]
§ 20-17-103. Chapter Definitions
As used in this chapter: “Communication” means the making or submitting of a statement or document in any form or medium, including oral, written, audiovisual, or electronic; “Exercise of the right of association” means exercise of the constitutional right to join together to take collective action on a matter of public concern that falls within […]
§ 20-17-104. Petition to Dismiss Legal Action Filed in Response to Party’s Exercise of the Right of Free Speech, Right to Petition, or Right of Association — Response — Stay of Discovery
If a legal action is filed in response to a party’s exercise of the right of free speech, right to petition, or right of association, that party may petition the court to dismiss the legal action. Such a petition may be filed within sixty (60) calendar days from the date of service of the legal […]