Delaware Residents Secure Expanded Rights for Unrestricted Speech due to UPEPA Implementation
Delaware has joined 13 other states in adopting the Uniform Public Expression Protection Act (UPEPA), a landmark legislation designed to protect citizens against harassing and retaliatory lawsuits. The bill, known as SB 80, was passed unanimously in the Delaware Assembly.
Until now, Delaware's Anti-SLAPP Act only applied to damages claims brought by a 'public applicant or permittee' relating to their attempts to promote or challenge a rule or permit. This old Act, rated as a 'D' statute, provided little real protection for free expression. The new Delaware UPEPA, however, offers substantial protection for citizens.
The UPEPA, the largest body of Anti-SLAPP law in the United States and the world, provides an easy path for jurisdictions without Anti-SLAPP statutes or states with poor ones to upgrade to a cutting-edge standard. It is the most comprehensive, modern, and widely adopted body of Anti-SLAPP law in the U.S. and the entire World.
Notably, states that have enacted the UPEPA unanimously or almost unanimously include Delaware, along with Maine, Minnesota, Montana, Ohio, and Iowa. These states have adopted laws modeled after UPEPA with very strong protections.
The new Delaware UPEPA covers a very broad range of public expression and related rights. It provides an immediate right of appeal and has very few non-uniform provisions, which allows Delaware courts to easily reference rulings on the UPEPA in other adopting states to interpret the Delaware statute.
This Act is also a non-partisan one, and it is being used as a model for countries outside the United States to design their own Anti-SLAPP laws. For instance, a journalist who writes an honest article about someone would not be shielded under the old Delaware Anti-SLAPP statue from a harassing or retaliatory lawsuit, but would be protected by the Delaware UPEPA and given a path to quick dismissal of that lawsuit.
In conclusion, the adoption of the UPEPA by Delaware marks a significant step forward in the protection of free speech and expression. It offers a robust and uniform framework for dealing with SLAPP suits, providing a much-needed safeguard for citizens and journalists alike.
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