MA S1261

Replaces Massachusetts General Laws Chapter 231, Section 59H to strengthen anti-SLAPP protections, establishing qualified immunity from lawsuits targeting First Amendment rights of petition, speech, and expression on matters of public concern

Creates a special motion to dismiss procedure requiring courts to rule within 30 judicial days, with automatic stays on discovery and other proceedings pending resolution, and allowing interlocutory appeals of denied motions

Requires plaintiffs to demonstrate with prima facie evidence a probability of prevailing to overcome the immunity; successful defendants recover all actual costs, disbursements, and reasonable attorneys' fees

Establishes a "SLAPP Back" cause of action allowing victims of SLAPP suits to recover statutory damages of at least $10,000, compensatory damages, and attorneys' fees, including claims against parties who sued Massachusetts citizens in foreign jurisdictions

Codifies the New York Times v. Sullivan "actual malice" standard into state law, requiring proof of knowing falsity or reckless disregard for truth in defamation claims against public officials, regardless of any future U.S. Supreme Court ruling