Guam § 17102 - Legislative Findings and Declaration of Purposes.

§ 17102. 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,

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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;

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(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.