South Dakota creates a new anti-SLAPP law that allows people to quickly dismiss lawsuits filed against them for protected speech activities, such as speaking at government meetings, discussing public issues, or exercising free speech rights on matters of public concern. The law does not apply to cases against government employees acting in their official capacity or to businesses being sued over communications related to their actual sale of goods or services. This protects citizens and organizations from expensive litigation designed to silence their public speech.
This bill does not directly amend codified state law.
The engrossed version added a clarification that "goods or services" exemptions to anti-SLAPP protections do not include advertising or promotion of artistic, dramatic, journalistic, literary, musical, or political works, thereby STRENGTHENING protections for creative and political speech by narrowing the business exemption.
The amendment made only technical and formatting changes—updating the section number from 26.619.18 to 26.619.19, removing the "SENATE JUDICIARY ENGROSSED" header and underline/overstrike notation indicators, and reformatting the bill as "ENROLLED"—without altering any substantive provisions of the anti-SLAPP legislation.
Signed by the Governor S.J. 548
Delivered to the Governor S.J. 520
Signed by the Speaker H.J. 553
Signed by the President S.J. 505
House of Representatives Do Pass Amended Passed, YEAS 65, NAYS 2. H.J. 523
Judiciary Certified uncontested, placed on consent
Judiciary Do Pass Passed, YEAS 12, NAYS 0.
Judiciary Scheduled for hearing
First read in House and referred to House Judiciary H.J. 279
Senate Do Pass Amended Passed, YEAS 33, NAYS 0. S.J. 221
Judiciary Certified uncontested, placed on consent S.J. 15
Judiciary Do Pass Amended Passed, YEAS 7, NAYS 0. S.J. 15
Judiciary Motion to amend S.J. 14
Judiciary Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Judiciary S.J. 120
Prime sponsor · Sen.
R
Prime sponsor · Rep.
R
Judiciary — Do Pass
Do Pass Amended
Judiciary — Do Pass Amended