Enactment of the Public Expression Protection Act in Montana upholds First Amendment Rights for Public Expression Privacy
The free speech landscape in the Treasure State of Montana has significantly improved with the adoption of the Uniform Public Expression Protection Act (UPEPA). This move follows suit after similar unanimous passages in Ohio and Idaho, indicating the quality of the UPEPA as an effective Anti-SLAPP law. The UPEPA passed the Montana House with a vote of 96-1 and in the Senate by a remarkable 50-0.
Peter Russo, from the Institute for Free Speech, released a statement expressing gratitude for the bipartisan sponsorship of State Representatives Tom Millett (R-Marion) and James Reavis (D-Billings), Governor Gianforte's signing it into law, and all the coalition partners that worked tirelessly to make this happen. Montana was previously known for having weak anti-SLAPP protections, and the 2015 case against the Billings Gazette serves as a stark reminder of why these protections were so essential.
With Montana's adoption of the UPEPA, it joins eleven other states that have adopted this law. Consequently, the UPEPA now accounts for just over one-third of all Anti-SLAPP laws in the United States. Twenty-eight states and territories, including the District of Columbia and Guam, have their local Anti-SLAPP laws, while fifteen states and territories have none at all.
In this legislative term, the UPEPA has been introduced in the legislatures of ten other states, and it seems that a couple of these states are on the verge of passing it. Crossing fingers!
On a side note, some minor variations in the UPEPA adopted by different states are welcomed, as these can serve as test tubes to see what works or doesn't. This knowledge will be invaluable at some point in the future when a revised UPEPA might be considered.
What on Earth is the UPEPA, You Ask?
For those uninitiated with the UPEPA, it is an Anti-SLAPP law that safeguards freedom of expression and other constitutional rights. Essentially, UPEPA-based laws move summary judgment from its usual position at the end of litigation to the beginning, so that meritless cases are dismissed early on. While other states have effective Anti-SLAPP laws, such as California and Texas, the UPEPA stands out due to its exceptional benefit: uniformity of interpretation. This allows courts in different UPEPA states to rely on each other's court decisions when needed.
2025 has been a fruitful year for UPEPA adoptions, and let's hope this momentum continues.
Key Features of the Uniform Public Expression Protection Act (UPEPA)
Expedited Process for Dismissal
UPEPA-based laws enable defendants to quickly file a special motion for expedited relief to dismiss frivolous claims.
Plaintiff Burden of Proof
Before a case proceeds, plaintiffs must show legitimacy in their claims, or the lawsuit is promptly dismissed.
Right to Appeal Denied Motions
Defendants have the immediate right to appeal if the court denies their anti-SLAPP motion, ensuring swift dispute resolutions.
Automatic Stay of Discovery
The filing of an anti-SLAPP motion often triggers an automatic stay of discovery, minimizing litigation costs by hindering unnecessary evidence collection.
Attorney's Fees Award
The law provides for the recovery of attorney's fees by prevailing defendants, further discouraging baseless lawsuits.
Uniformity of Application
States are encouraged to apply UPEPA consistently across jurisdictions, promoting national uniformity in its interpretation.
The Uniform Public Expression Protection Act (UPEPA) is an Anti-SLAPP law that has been adopted in Montana, safeguarding freedom of expression and other constitutional rights. With Montana's adoption, it now accounts for one-third of all Anti-SLAPP laws in the United States. UPEPA-based laws move summary judgment from the end of litigation to the beginning, allowing for the dismissal of meritless cases early on. The Act also provides defendants with various key features, including the right to expedited relief, plaintiff burden of proof, the immediate right to appeal denied motions, an automatic stay of discovery, and the recovery of attorney's fees by prevailing defendants. This year has been fruitful for UPEPA adoptions, and the momentum is hoped to continue.
