Anti-SLAPP Laws in Massachusetts

At a glance

Requirements one by one

Petitioning scope

Chapter 231, § 59H covers a party's exercise of the constitutional right to petition. Its definition includes statements before or submitted to government bodies, statements connected to issues under their review, statements likely to encourage review or enlist public participation, and other constitutionally protected petitioning. The 2022 amendment, St. 2022, c. 127, § 35, excludes actions under chapter 12, § 11I½.

Motion, stay, and proof

The special motion is normally filed within sixty days after service of the complaint, or later at the court's discretion. Filing stays discovery; specified discovery may proceed after a hearing for good cause (§ 59H). The statute directs the court to grant the motion unless the responding party shows both that the petitioning had no reasonable factual support or arguable legal basis and that the movant's acts caused actual injury. The Supreme Judicial Court's Bristol Asphalt interpretation requires the movant first to show the challenged count has no substantial basis in conduct beyond the alleged petitioning.

Fees and appeal

A granted motion brings costs and reasonable attorney's fees to the movant, including motion and related discovery work (§ 59H). A denial can be reviewed before final judgment under the doctrine of present execution, as the Supreme Judicial Court explains in Fabre v. Walton.

What trips people up

Protected petitioning under § 59H is tied to governmental review or the constitutional right to petition. The 2022 carve-out is specifically for chapter 12, § 11I½; the half-section marker matters.

Common questions

Can the court let discovery continue? Yes. It may order specified discovery after a motion, hearing, and good-cause showing (§ 59H).

Does a successful motion automatically award fees? The statute says the court shall award costs and reasonable attorney's fees when it grants the special motion (§ 59H).

Statutes and sources

• G.L. c. 231, § 59H — “In any case, except a case brought pursuant to section 11I½ of chapter 12, in which a party asserts that the civil claims, counterclaims, or cross claims against said party are based on said party's exercise of its right of petition under the constitution of the United States or of the commonwealth, said party may bring a special motion to dismiss. The court shall advance any such special motion so that it may be heard and determined as expeditiously as possible. The court shall grant such special motion, unless the party against whom such special motion is made shows that: (1) the moving party's exercise of its right to petition was devoid of any reasonable factual support or any arguable basis in law and (2) the moving party's acts caused actual injury to the responding party. In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.” Source: https://www.mass.gov/info-details/mass-general-laws-c231-ss-59h (accessed 2026-10-06).
• G.L. c. 231, § 59H — “All discovery proceedings shall be stayed upon the filing of the special motion under this section; provided, however, that the court, on motion and after a hearing and for good cause shown, may order that specified discovery be conducted. The stay of discovery shall remain in effect until notice of entry of the order ruling on the special motion. Said special motion to dismiss may be filed within sixty days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper.” Source: https://www.mass.gov/info-details/mass-general-laws-c231-ss-59h (accessed 2026-10-06).
• G.L. c. 231, § 59H — “If the court grants such special motion to dismiss, the court shall award the moving party costs and reasonable attorney's fees, including those incurred for the special motion and any related discovery matters. Nothing in this section shall affect or preclude the right of the moving party to any remedy otherwise authorized by law.” Source: https://www.mass.gov/info-details/mass-general-laws-c231-ss-59h (accessed 2026-10-06).
• G.L. c. 231, § 59H — “As used in this section, the words ''a party's exercise of its right of petition'' shall mean any written or oral statement made before or submitted to a legislative, executive, or judicial body, or any other governmental proceeding; any written or oral statement made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other governmental proceeding; any statement reasonably likely to encourage consideration or review of an issue by a legislative, executive, or judicial body or any other governmental proceeding; any statement reasonably likely to enlist public participation in an effort to effect such consideration; or any other statement falling within constitutional protection of the right to petition government.” Source: https://www.mass.gov/info-details/mass-general-laws-c231-ss-59h (accessed 2026-10-06).
• Bristol Asphalt Co., Inc. v. Rochester Bituminous Products, Inc., 493 Mass. 539 (2024) — “to survive this first stage, the proponent must show that the challenged count has no substantial basis in conduct other than or in addition to the special motion proponent’s alleged petitioning activity. If the proponent cannot make the requisite threshold showing, the special motion to dismiss is denied. If the threshold showing is made, the second stage of analysis follows.” Source: https://www.mass.gov/info-details/258e-guideline-305b-legitimate-petitioning-activity-cannot-serve-as-basis-for-c-258e-order-anti-slapp (accessed 2026-10-06).
• Fabre v. Walton, 436 Mass. 517 (2002) — “Exxon Mobil exercised its right to interlocutory review of the denial of its special motion. See Fabre v. Walton, 436 Mass. 517, 521-522 (2002), S.C., 441 Mass. 9 (2004). This court granted the Attorney General's application for direct appellate review.” Source: https://www.mass.gov/doc/may-24-2022-opinion-of-the-court/download (accessed 2026-10-06).
• St. 2022, c. 127, § 35 — “Section 59H of chapter 231 of the General Laws, as so appearing, is hereby amended by inserting after the word “case”, in line 1, the following words:- , except a case brought pursuant to section 11I½ of chapter 12,.” Source: https://malegislature.gov/Laws/SessionLaws/Acts/2022/Chapter127 (accessed 2026-10-06).