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 amendment reorganized and clarified the anti-SLAPP statute by adding a definition of "goods or services" that excludes artistic, dramatic, journalistic, literary, musical, and political works from the exemption, thereby STRENGTHENING protections for expressive conduct while maintaining the procedural framework for dismissing strategic lawsuits against public speech.
The amendment converted the bill from its engrossed form (with markup showing new and deleted language) to its final enrolled form by removing all the legislative markup indicators and formatting it as the official enacted bill. This is a procedural change that does not alter the bill's substantive content or purpose of establishing anti-SLAPP procedures to protect constitutional rights including freedom of speech.
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