Pennsylvania § 8320.1 - Action for protected public expression.
Full text of Pennsylvania Pennsylvania Consolidated Statutes § 8320.1 — Action for protected public expression., with citation guidance and answers to common questions.
§ 8320.1. Action for protected public expression.
(a) Establishment.--A person has a cause of action if, in a previous cause of action based on protected public expression:
(1) the person would have prevailed on a ground under section 8340.15 (relating to grant of immunity); but
(2) the court did not make a determination on immunity under section 8340.15.
(b) Recovery.--A party that prevails in an action under this section is entitled to recover from the nonprevailing party under subsection (a)(1) all of the following:
(1) Attorney fees, court costs and expenses of litigation in the underlying action.
(2) Punitive damages upon proof that the underlying action was commenced or continued for the sole purpose of harassing, intimidating, punishing or maliciously inhibiting protected public expression.
(c) Construction.--This section shall be broadly construed and applied to defend and enhance protected public expression.
(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Protected public expression." As defined in section 8340.13 (relating to definitions).
"Protected public expression immunity." As defined in section 8340.13.
(July 17, 2024, P.L.836, No.72, eff. imd.)
2024 Amendment. Act 72 added section 8320.1. See sections 5 and 6 of Act 72 in the appendix to this title for special provisions relating to application of law.
Frequently Asked Questions About Pennsylvania § 8320.1
What does Pennsylvania Consolidated Statutes § 8320.1 cover?
Section 8320.1 ("Action for protected public expression.") is part of the Pennsylvania Consolidated Statutes, the codified statutory law of Pennsylvania. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Pennsylvania § 8320.1?
A common citation format is "Pennsylvania Consolidated Statutes § 8320.1" (Pennsylvania). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Pennsylvania law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Pennsylvania official source linked on this page or consult a licensed Pennsylvania attorney.
How does Pennsylvania § 8320.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Pennsylvania can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Pennsylvania.