Measure weakening Nevada’s anti-SLAPP statute revived

Assemblyman Ira Hansen, R-Sparks, talks in the halls of the Nevada Legislative Building in Carson City on Friday, May 15, 2015. (Lisa J. Tolda/Special to the LVRJ).

CARSON CITY — A bill sought by Wynn Resorts Ltd. that critics argued would substantially weaken Nevada’s anti-SLAPP statute came to life Friday when the Assembly Judiciary Committee approved an amended version of the measure and sent it to the full Assembly.

Judiciary Chairman Ira Hansen, R-Sparks, said earlier this week Senate Bill 444 would die without a vote because of the concerns raised by members of the panel and opponents, including press representatives. But the amendment was found acceptable by the interested parties, and so the bill moved forward.

As amended, the bill would allow for some limited discovery when a defamation action is filed against an individual. Discovery would be limited to “ascertaining such information necessary to meet or oppose the special motion to dismiss.”

The other change would alter the timeline for a response and ruling on a motion to dismiss a defamation case, from the current seven days to 20 judicial days.

A provision that would have changed the standard of evidence to a weaker “prima facie” standard than the current “clear and convincing” requirement was dropped. A proposal to change the type of protected speech from the current “item of public concern” to a weaker “issue of public interest” also was dropped.

The amended bill also reinstates the awarding of attorneys costs and fees and the potential, additional award of up to $10,000 that had been deleted.

If approved by the Assembly, the Senate would have to agree with the changes to the bill.

Contact Sean Whaley at swhaley@reviewjournal.com or 775-687-3900. Find him on Twitter: @seanw801