Anti-SLAPP Laws in Connecticut
At a glance
| Governing law | Conn. Gen. Stat. § 52-196a (2026 supplement; amended by P.A. 25-77). |
|---|---|
| What speech/conduct is protected | Free speech, petitioning, or association on a matter of public concern; speech includes certain written crime or discrimination reports made without actual malice (§ 52-196a(a)-(b)). |
| Special motion to strike/dismiss | File within 30 days after complaint return date or counterclaim/cross-claim filing; extension for good cause. Discovery stays on filing; hearing ordinarily within 60 days (§ 52-196a(c)-(e)). |
| Burden of proof | Movant: preponderance that claim is based on protected activity. Claimant: particularized circumstances and probable cause, considering all valid defenses, of prevailing (§ 52-196a(e)(3)). |
| Attorney's fees | Mandatory costs and reasonable fees when motion granted; when denied, award to opponent only if motion was frivolous and solely intended to delay (§ 52-196a(f)). |
| Appeal rights | Discovery stay continues through any interlocutory appeal; § 52-196a(d) does not itself state when an appeal may be taken. |
| Exemptions | Excludes specified Attorney General enforcement and bodily injury/wrongful death claims; preserves stated emotional distress and defamation exceptions (§ 52-196a(h)). |
Requirements one by one
Protected activity
Section 52-196a covers a claim based on speech, petitioning, or association under the federal or state constitution in connection with a matter of public concern. Its definition of free speech includes a public-forum communication, plus written communication by an individual without actual malice about an alleged crime or a discriminatory practice as defined in § 46a-51. The latter two categories do not contain the public-forum words that apply to the first category (§ 52-196a(a)-(b)).
Motion and discovery
A party files within thirty days after the complaint's return date or the filing of the counterclaim or cross claim. The court may extend that period for good cause. Discovery stops when the motion is filed, though specified limited discovery may be ordered for good cause (§ 52-196a(c)-(d)).
Hearing and burden
The court ordinarily holds a hearing within sixty days of filing. The statute allows a later date after limited discovery, party agreement, scheduling difficulty for good cause, or a linked pending criminal or discrimination proceeding. The movant must show by a preponderance that the claim is based on protected activity. The claimant must then set out the circumstances with particularity and show probable cause, considering all valid defenses, that the claim will succeed (§ 52-196a(e)).
Fees
The court awards costs and reasonable attorney's fees when it grants the motion. If it denies the motion, the opponent receives them only if the court also finds the motion frivolous and solely intended to cause unnecessary delay (§ 52-196a(f)).
What trips people up
A written crime or discrimination report must meet the statute's “without actual malice” wording. The written-report categories do not require a public forum, but they still operate within subsection (b)'s connection to a matter of public concern. The official act says its replacement applies to civil actions filed on or after October 1, 2025. That applicability clause is in § 1.
Common questions
Does the motion affect discovery during an appeal? The statute keeps the discovery stay in place through any interlocutory appeal of the motion, subject to specified limited discovery for good cause (§ 52-196a(d)).
Do the motion's findings control later stages? No. Subsection (g) says findings under the hearing and fee provisions are not admitted into evidence later in the case or in a subsequent action.
Statutes and sources
- Conn. Gen. Stat. § 52-196a(a)-(b) (as amended by 2025 Conn. Pub. Acts 25-77, § 1, eff. 10/1/2025) — “(a) As used in this section: (1) “Matter of public concern” means an issue related to (A) health or safety, (B) environmental, economic or community well-being, (C) the government, zoning and other regulatory matters, (D) a public official or public figure, or (E) an audiovisual work; (2) “Right of free speech” means (A) communicating, or conduct furthering communication, in a public forum on a matter of public concern, (B) written communication made by an individual, without actual malice, concerning the alleged commission of a crime, or (C) written communication, made by an individual without actual malice, concerning a discriminatory practice as defined in section 46a-51; (3) “Right to petition the government” means (A) communication in connection with an issue under consideration or review by a legislative, executive, administrative, judicial or other governmental body, (B) communication that is reasonably likely to encourage consideration or review of a matter of public concern by a legislative, executive, administrative, judicial or other governmental body, or (C) communication that is reasonably likely to enlist public participation in an effort to effect consideration of an issue by a legislative, executive, administrative, judicial or other governmental body; (4) “Right of association” means communication among individuals who join together to collectively express, promote, pursue or defend common interests; and (5) “Special motion to dismiss” means the motion permitted pursuant to this section. (b) In any civil action in which a party files a complaint, counterclaim or cross claim against an opposing party that is based on the opposing party's exercise of its right of free speech, right to petition the government, or right of association under the Constitution of the United States or the Constitution of the state in connection with a matter of public concern, such opposing party may file a special motion to dismiss the complaint, counterclaim or cross claim.” Source: https://prdext2.cga.ct.gov/2026/sup/chap_900.htm#sec_52-196a (accessed 2026-10-06).
- Conn. Gen. Stat. § 52-196a(c)-(d) — “(c) Any party filing a special motion to dismiss shall file such motion not later than thirty days after the return date of the complaint, or the filing of a counterclaim or cross claim described in subsection (b) of this section. The court, upon a showing of good cause by a party seeking to file a special motion to dismiss, may extend the time to file a special motion to dismiss. (d) The court shall stay all discovery upon the filing of a special motion to dismiss. The stay of discovery shall remain in effect until the court grants or denies the special motion to dismiss and any interlocutory appeal thereof. Notwithstanding the entry of an order to stay discovery, the court, upon motion of a party and a showing of good cause, or upon its own motion, may order specified and limited discovery relevant to the special motion to dismiss.” Source: https://prdext2.cga.ct.gov/2026/sup/chap_900.htm#sec_52-196a (accessed 2026-10-06).
- Conn. Gen. Stat. § 52-196a(e) — “(e) (1) The court shall conduct an expedited hearing on a special motion to dismiss. The expedited hearing shall be held not later than sixty days after the date of filing of such special motion to dismiss, unless, (A) the court orders specified and limited discovery pursuant to subsection (d) of this section, in which case, the expedited hearing shall be held not later than sixty days after the date on which such specified and limited discovery must be completed, (B) the parties agree to a hearing date that is beyond the sixty-day period, (C) the court, for good cause shown, is unable to schedule the hearing during the sixty-day period, or (D) the written communication specified in subdivision (2) or (3) of subsection (a) of this section relates to a pending criminal proceeding or a discriminatory practice complaint pending with the Commission on Human Rights, or the Superior Court if jurisdiction of the discriminatory practice complaint has been released by said commission pursuant to section 46a-100. In the event that a proceeding described in this subparagraph is pending, the expedited hearing shall be held not later than sixty days after the date on which such proceeding is concluded. (2) When ruling on a special motion to dismiss, the court shall consider pleadings and supporting and opposing affidavits of the parties attesting to the facts upon which liability or a defense, as the case may be, is based. (3) The court shall grant a special motion to dismiss if the moving party makes an initial showing, by a preponderance of the evidence, that the opposing party's complaint, counterclaim or cross claim is based on the moving party's exercise of its right of free speech, right to petition the government, or right of association under the Constitution of the United States or the Constitution of the state in connection with a matter of public concern, unless the party that brought the complaint, counterclaim or cross claim sets forth with particularity the circumstances giving rise to the complaint, counterclaim or cross claim and demonstrates to the court that there is probable cause, considering all valid defenses, that the party will prevail on the merits of the complaint, counterclaim or cross claim. (4) The court shall rule on a special motion to dismiss as soon as practicable.” Source: https://prdext2.cga.ct.gov/2026/sup/chap_900.htm#sec_52-196a (accessed 2026-10-06).
- Conn. Gen. Stat. § 52-196a(f) — “(f) (1) If the court grants a special motion to dismiss under this section, the court shall award the moving party costs and reasonable attorney's fees, including such costs and fees incurred in connection with the filing of the special motion to dismiss. (2) If the court denies a special motion to dismiss under this section and finds that such special motion to dismiss is frivolous and solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to the party opposing such special motion to dismiss.” Source: https://prdext2.cga.ct.gov/2026/sup/chap_900.htm#sec_52-196a (accessed 2026-10-06).
- Conn. Gen. Stat. § 52-196a(g) — “(g) The findings or determinations made pursuant to subsections (e) and (f) of this section shall not be admitted into evidence at any later stage of the proceeding or in any subsequent action.” Source: https://prdext2.cga.ct.gov/2026/sup/chap_900.htm#sec_52-196a (accessed 2026-10-06).
- Conn. Gen. Stat. § 52-196a(h) — “(h) The provisions of this section shall not: (1) Apply to an enforcement action that is brought in the name of the state or a political subdivision of the state by the Attorney General; (2) affect or limit the authority of a court to award sanctions, costs, attorney's fees or any other relief available under any statute, court rule or other authority; (3) affect, limit or preclude the right of a party filing a special motion to dismiss to any defense, remedy, immunity or privilege otherwise authorized by law; (4) affect the substantive law governing any asserted claim; (5) create a private right of action; or (6) apply to a common law or statutory claim for bodily injury or wrongful death, except the exclusion provided in this subdivision shall not apply to claims for (A) emotional distress unrelated to bodily injury or wrongful death or conjoined with a cause of action other than for bodily injury or wrongful death, or (B) defamation, libel or slander. The provisions of this subdivision shall not prohibit a plaintiff who brings a claim for bodily injury or wrongful death from filing a special motion to dismiss a counterclaim under the provisions of this section.” Source: https://prdext2.cga.ct.gov/2026/sup/chap_900.htm#sec_52-196a (accessed 2026-10-06).
- 2025 Conn. Pub. Acts 25-77, § 1 — “Section 1. Section 52-196a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2025, and applicable to any civil action filed on or after said date):” Source: https://www.cga.ct.gov/2025/ACT/PA/PDF/2025PA-00077-R00HB-07134-PA.PDF (accessed 2026-10-06).
Source links
Every statute quoted above, linked, with the date we checked it.
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