Achievement in Defense of Open Discourse: Montana Enacts Unified Law to Safeguard Public Expression Rights
Montana's recent adoption of the Uniform Public Expression Protection Act (UPEPA) promises a grand shift in the state's free speech landscape. This vigorous legislation passed unanimously, following similar votes in Ohio and Idaho, highlighting its effectiveness as a top-tier Anti-SLAPP law.
Peter Russo, from the Institute for Free Speech, applauded the move, recalling Montana's previous struggle with SLAPP vulnerabilities. The Billings Gazette's 2015 lawsuit, triggered by a public records request, showcased the dire need for these protections.
The UPEPA aims to move summary judgment to the beginning of litigation, thus disposing of frivolous cases at the outset. While other states have potent Anti-SLAPP laws, the UPEPA stands out due to its unique uniformity provision. This allows courts to rely on one another's decisions, fostering consistency and standardization.
The UPEPA's passing makes Montana one of eleven states adopting this law, accounting for just over a third of all Anti-SLAPP laws in the United States. Remaining states either have their own organic Anti-SLAPP laws or none at all.
Currently, the UPEPA is under consideration in the legislatures of ten other states. Fingers crossed for more victories!
Slight amendments may be present in the final bill, though some variations between states adopting the UPEPA are welcomed, as they serve as test cases for future revisions.
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For those unfamiliar with UPEPA, it's a law that protects freedom of expression by combating Strategic Lawsuits Against Public Participation (SLAPPs). Its key features include early merit screening, expedited motions, automatic appellate rights, stays on discovery, and mandated attorney's fees for prevailing defendants. By deterring frivolous SLAPPs, reducing litigation costs, and promoting uniform protective measures, UPEPA preserves the heart of democracy and strengthens free speech rights.
- Montana's adoption of the Uniform Public Expression Protection Act (UPEPA) is a significant step towards fortifying free speech rights, as it offers protections against Strategic Lawsuits Against Public Participation (SLAPPs).
- Following Montana, the UPEPA has also been passed unanimously in Ohio and Idaho, making it an effective Anti-SLAPP law.
- Currently, Montana is one of eleven states with this legislation, accounting for around a third of all Anti-SLAPP laws in the United States, and the UPEPA is now under consideration in the legislatures of ten other states.
- The UPEPA's features, including early merit screening, expedited motions, automatic appellate rights, stays on discovery, and mandated attorney's fees for prevailing defendants, are designed to deter frivolous SLAPPs, reduce litigation costs, and promote consistent protective measures for free speech.
