                                 CODE OF VIRGINIA

IMMUNITY OF PERSONS FOR STATEMENTS MADE AT PUBLIC HEARING OR COMMUNICATED TO
THIRD PARTY (§ 8.01-223.2)

A. A person shall be immune from tort liability if the tort claim is based
solely on statements (i) regarding matters of public concern that would be
protected under the First Amendment to the Constitution of the United States
made by that person that are communicated to a third party, (ii) made at a
public hearing before, or otherwise communicated to, the governing body of any
locality or other political subdivision, or the boards, commissions, agencies
and authorities thereof, and other governing bodies of any local governmental
entity concerning matters properly before such body, (iii) made at a Title IX
hearing before the applicable tribunal of an institution of higher education, or
(iv) made by an employee against an employer where retaliatory action arising
from such statements is prohibited by &#xA7; 40.1-27.3.

B. The immunity provided by this section shall not apply to any statements that
the declarant knew or should have known were false or were made with reckless
disregard for whether they were false.

C. Any person who has a suit against him dismissed or a witness subpoena or
subpoena duces tecum quashed, or otherwise prevails in a legal action, pursuant
to the immunity provided by this section may be awarded reasonable attorney fees
and costs.

HISTORY: 2007, c. 798; 2016, c. 239; 2017, cc. 586, 597; 2020, c. 824; 2023, cc.
462, 463; 2025, c. 641.