Anti-SLAPP Laws in Rhode Island

At a glance

Requirements one by one

Coverage and immunity

Section 9-33-2(a) conditionally immunizes petition or free-speech activity connected to a matter of public concern. Subsection (e) includes statements before or submitted to a government body, statements on issues under its review, and statements connected to an issue of public concern. The immunity does not cover a “sham”: the statute requires both objective baselessness and an attempt to use government process for its direct effects (§ 9-33-2(a)(1)-(2)).

Motion and discovery

A party can assert immunity by an appropriate motion or other means under applicable civil-procedure rules (§ 9-33-2(c)). Filing a motion asserting immunity stays discovery until notice of the ruling. The court may order specified discovery after a hearing and good-cause showing (§ 9-33-2(b)). The statute supplies no special filing-day clock or separate prima facie response test.

Fees and appeal

A successful immunity motion, or an eventual trial win by the party claiming protected activity, leads to costs and reasonable attorney's fees. Compensatory damages require an additional showing that the responding claim was frivolous or brought to harass or inhibit; punitive damages then remain discretionary (§ 9-33-2(d)). A party aggrieved by a final superior-court judgment may appeal under § 9-24-1. Section 9-24-7 lists certain interlocutory orders that may be appealed before final judgment; it does not list an immunity-motion denial. Section 9-33-4 preserves other constitutional, statutory, and common-law protections for petition and speech defendants.

What trips people up

The fee award and damages have different triggers. Winning the motion can support fees, while damages require the additional showing in § 9-33-2(d). The statutory discovery stay begins when the immunity motion is filed (§ 9-33-2(b)).

Common questions

Does public speech automatically qualify? Section 9-33-2(a) requires a matter of public concern and preserves the two-part sham exception.

Can the court permit discovery while the motion is pending? Yes. It may order specified discovery after a hearing for good cause (§ 9-33-2(b)).

Statutes and sources

• R.I. Gen. Laws § 9-33-2(a), (e) — “(a) A party’s exercise of his or her right of petition or of free speech under the United States or Rhode Island constitutions in connection with a matter of public concern shall be conditionally immune from civil claims, counterclaims, or cross-claims. Such immunity will apply as a bar to any civil claim, counterclaim, or cross-claim directed at petition or free speech as defined in subsection (e) of this section, except if the petition or free speech constitutes a sham. The petition or free speech constitutes a sham only if it is not genuinely aimed at procuring favorable government action, result, or outcome, regardless of ultimate motive or purpose. The petition or free speech will be deemed to constitute a sham as defined in the previous sentence only if it is both: (1) Objectively baseless in the sense that no reasonable person exercising the right of speech or petition could realistically expect success in procuring the government action, result, or outcome, and (2) Subjectively baseless in the sense that it is actually an attempt to use the governmental process itself for its own direct effects. Use of outcome or result of the governmental process shall not constitute use of the governmental process itself for its own direct effects. (b) The court shall stay all discovery proceedings in the action upon the filing of a motion asserting the immunity established by 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 motion. (c) The immunity established by this section may be asserted by an appropriate motion or by other appropriate means under the applicable rules of civil procedure. (d) If the court grants the motion asserting the immunity established by this section, or if the party claiming lawful exercise of his or her right of petition or of free speech under the United States or Rhode Island constitutions in connection with a matter of public concern is, in fact, the eventual prevailing party at trial, the court shall award the prevailing party costs and reasonable attorney’s fees, including those incurred for the motion and any related discovery matters. The court shall award compensatory damages and may award punitive damages upon a showing by the prevailing party that the responding party’s claims, counterclaims, or cross-claims were frivolous or were brought with an intent to harass the party or otherwise inhibit the party’s exercise of its right to petition or free speech under the United States or Rhode Island constitution. Nothing in this section shall affect or preclude the right of the party claiming lawful exercise of his or her right of petition or of free speech under the United States or Rhode Island constitutions to any remedy otherwise authorized by law. (e) As used in this section, “a party’s exercise of its right of petition or of free speech” 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; or any written or oral statement made in connection with an issue of public concern.” Source: http://webserver.rilegislature.gov/Statutes/TITLE9/9-33/9-33-2.HTM (accessed 2026-10-06).
• R.I. Gen. Laws § 9-33-2(a)(1)-(2) — “(a) A party’s exercise of his or her right of petition or of free speech under the United States or Rhode Island constitutions in connection with a matter of public concern shall be conditionally immune from civil claims, counterclaims, or cross-claims. Such immunity will apply as a bar to any civil claim, counterclaim, or cross-claim directed at petition or free speech as defined in subsection (e) of this section, except if the petition or free speech constitutes a sham. The petition or free speech constitutes a sham only if it is not genuinely aimed at procuring favorable government action, result, or outcome, regardless of ultimate motive or purpose. The petition or free speech will be deemed to constitute a sham as defined in the previous sentence only if it is both: (1) Objectively baseless in the sense that no reasonable person exercising the right of speech or petition could realistically expect success in procuring the government action, result, or outcome, and (2) Subjectively baseless in the sense that it is actually an attempt to use the governmental process itself for its own direct effects. Use of outcome or result of the governmental process shall not constitute use of the governmental process itself for its own direct effects.” Source: http://webserver.rilegislature.gov/Statutes/TITLE9/9-33/9-33-2.HTM (accessed 2026-10-06).
• R.I. Gen. Laws § 9-33-2(b)-(c) — “(b) The court shall stay all discovery proceedings in the action upon the filing of a motion asserting the immunity established by 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 motion. (c) The immunity established by this section may be asserted by an appropriate motion or by other appropriate means under the applicable rules of civil procedure.” Source: http://webserver.rilegislature.gov/Statutes/TITLE9/9-33/9-33-2.HTM (accessed 2026-10-06).
• R.I. Gen. Laws § 9-33-2(d) — “(d) If the court grants the motion asserting the immunity established by this section, or if the party claiming lawful exercise of his or her right of petition or of free speech under the United States or Rhode Island constitutions in connection with a matter of public concern is, in fact, the eventual prevailing party at trial, the court shall award the prevailing party costs and reasonable attorney’s fees, including those incurred for the motion and any related discovery matters. The court shall award compensatory damages and may award punitive damages upon a showing by the prevailing party that the responding party’s claims, counterclaims, or cross-claims were frivolous or were brought with an intent to harass the party or otherwise inhibit the party’s exercise of its right to petition or free speech under the United States or Rhode Island constitution. Nothing in this section shall affect or preclude the right of the party claiming lawful exercise of his or her right of petition or of free speech under the United States or Rhode Island constitutions to any remedy otherwise authorized by law.” Source: http://webserver.rilegislature.gov/Statutes/TITLE9/9-33/9-33-2.HTM (accessed 2026-10-06).
• R.I. Gen. Laws § 9-24-1 — “Any party aggrieved by a final judgment, decree, or order of the superior court may, within the time prescribed by applicable procedural rules, appeal to the supreme court. Subject to the provisions of applicable procedural rules, the party appealing shall file a claim of appeal in the office of the clerk of the court from which the appeal is taken, and shall deposit with the clerk an amount not exceeding fifty dollars ($50.00) as prescribed by the rules and regulations of the supreme court, in addition to a technology surcharge assessed in accordance with § 8-15-11.” Source: http://webserver.rilegislature.gov/Statutes/TITLE9/9-24/9-24-1.HTM (accessed 2026-10-06).
• R.I. Gen. Laws § 9-24-7 — “Whenever, upon a hearing in the superior court, an injunction shall be granted or continued, or a receiver appointed, or a sale of real or personal property ordered, by an interlocutory order or judgment, or a new trial is ordered or denied after a trial by jury, an appeal may be taken from such order or judgment to the supreme court in like manner as from a final judgment, and the appeal shall take precedence in the supreme court.” Source: http://webserver.rilegislature.gov/Statutes/TITLE9/9-24/9-24-7.HTM (accessed 2026-10-06).
• R.I. Gen. Laws § 9-33-4 — “Nothing contained in this chapter shall be construed to limit or affect any additional constitutional, statutory, or common law protections of defendants in actions involving their exercise of rights of petition or of free speech.” Source: http://webserver.rilegislature.gov/Statutes/TITLE9/9-33/9-33-4.HTM (accessed 2026-10-06).