Legislative Findings and Declaration of Purposes

(a)Findings. I Liheslaturan Guåhan [The Guam Legislature] finds and declares that:

(1)the framers of the United States Constitution, recognizing citizen participation in government as an inalienable right essential to the survival of democracy, secured its protection through the right to petition the government for redress of grievances in the First Amendment to the U.S. Constitution;

(2)the communications, information, opinions, reports, testimony, claims and arguments provided by citizens to their governments are essential to the making of wise government decisions and public policy; the public health, safety and welfare; effective law enforcement; the efficient operation of government programs; the credibility and trust afforded government; and the continuation of America’s republican form of government through representative democracy in America;

(3)civil lawsuits and counterclaims, often claiming millions of dollars, have been, and are being, filed against thousands of citizens, businesses and organizations based on their valid exercise of their right to petition, including seeking relief, influencing action, informing, COL120106 CH. 17 C ITIZEN P ARTICIPATION IN GOVERNMENT ACT communicating, and otherwise participating with government bodies, officials, or employees or the electorate;

(4)such lawsuits, called ‘Strategic Lawsuits Against Public Participation@ or ‘SLAPPs,@ are typically dismissed as unconstitutional, but often not before the defendants are put to great expense, harassment and interruption of their productive activities;

(5)the number of SLAPPs has increased significantly over the past thirty

(30)years;

(6)SLAPPs are an abuse of the judicial process; they are used to censor, chill, intimidate, or punish citizens, businesses and organizations for involving themselves in public affairs, and controlling SLAPPs will make a major contribution to lawsuit reform;

(7)the threat of financial liability, litigation costs, destruction of one's business, loss of one's home and other personal losses from groundless lawsuits seriously affects government, public welfare and individual rights by significantly diminishing public participation in government, in public issues and in voluntary service;

(8)while courts have recognized and discouraged SLAPPS, judicial protection of these important rights has not been uniform or comprehensive; and

(9)while some citizen communications to government inevitably will be incorrect, unsound, self-interested or not in good faith, it is essential in our democracy that the constitutional rights of citizens to participate fully in the process of government be uniformly, consistently, and comprehensively protected and encouraged.

(b)Purposes.The purposes of this Chapter are:

(1)to protect and encourage citizen participation in government to the maximum extent permitted by law;

(2)to create a more equitable balance between the rights of persons to file lawsuits and to trial by jury, and the rights of other persons to petition, speak out, associate and otherwise participate in their governments;

(3)to support the operation of and assure the continuation of representative government in America, including the protection and regulation of public health, safety and welfare by protecting public participation in government programs, public policy decisions and other actions; COL120106 CH. 17 C ITIZEN P ARTICIPATION IN GOVERNMENT ACT

(4)to establish a balanced, uniform, comprehensive process for speedy adjudication of SLAPPs, as a major contribution to lawsuit reform; and

(5)to provide for attorneys fees, costs, sanctions and damages for persons whose citizen participation rights have been violated by the filing of a SLAPP against them.