Montana Enacts Unified Law to Safeguard Free Expression: Public Expression Protection Act Adopted
Freedom's Fortress: Montana's Adoption of UPEPA Bolsters Free Speech
In a major step forward for free speech advocates, Montana has embraced the Uniform Public Expression Protection Act (UPEPA), intensifying its commitment to safeguarding freedom of expression. This legislative move, backed by a resounding 95-1 House vote and a unanimous Senate approval, signifies a seismic shift in the state's free speech landscape, particularly when considering its previous vulnerability to Strategic Lawsuits Against Public Participation (SLAPPs).
"This triumphant victory underscores years of tireless advocacy," said Peter Russo of the Institute for Free Speech. "Montana, once notorious for its SLAPP susceptibility, has been salvaged from the pitiful bottom tier of the free speech spectrum, finally joining the steadfast guardians of free speech in America."
Russo's sentiments echo sentiments from previous reports, where Montana's handling of SLAPP cases was heavily criticized. One such case, the 2015 lawsuit against the Billings Gazette, shed light on the dire need for UPEPA-style protections. The Gazette faced legal action merely for filing a public records request related to potential misappropriation of public funds.
Russo extends gratitude to State Representatives Tom Millett (R-Marion) and James Reavis (D-Billings) for their bipartisan sponsorship, Governor Gianforte for his sign-off, and a host of coalition partners that included the ULC, press organizations, civil liberties groups, and grassroots activists. Together, they have transformed Montana from a weak anti-SLAPP state to one of the nation's strongest proponents of free speech.
Montana's embrace of the UPEPA brings the total number of U.S. states adopting this legislation to 11. With UPEPA constituting over one-third of all Anti-SLAPP laws in the United States, there remains a significant presence for these protective measures. The remainder consists of 28 states and territories with their organic Anti-SLAPP laws and 15 states and territories devoid of any Anti-SLAPP protections at all.
The UPEPA has garnered attention in several additional states, with pending bills in ten jurisdictions. Reports suggest that a couple of these states are on the brink of enacting the UPEPA. Fingers crossed indeed...
It should be noted that some minor adjustments to the UPEPA have been made during the adoption process, but the specifics of these alterations are yet to be seen. These modest variations among the UPEPA-adopting states may hold valuable insights for potential future revisions.
In the meantime, Montana's enactment of the UPEPA gives fresh hope to the belief that the tide is turning in favor of free speech protections across the nation. As Russo puts it, "We are poised to usher in an era where individuals and organizations can express their viewpoints freely, without fear of retribution via baseless lawsuits."
Crypto's Palpable Anxiety: The looming China earthquake predicts a $1M Bitcoin price
Google's Dominance: The Pixel finally surpasses its competitors
New Age Digital Extortion: DOGE-trolling attacks explode - Demand for $1 trillion persists
For those unfamiliar with UPEPA:The Uniform Public Expression Protection Act (UPEPA) serves as an anti-SLAPP law, safeguarding freedom of expression and other constitutional rights by accelerating the resolution of meritless cases through introducing summary judgment at the outset of a lawsuit, rather than at its conclusion. While other states offer similarly effective anti-SLAPP measures, UPEPA's unique characteristic lies in its uniform interpretation across states, allowing courts of UPEPA-adopting jurisdictions to rely on each other's court decisions as the need arises.
- The enactment of UPEPA in Montana has elevated its recognition as one of the nation's most resilient supporters of free speech, joining a growing group of states that have adopted this Act.
- The UPEPA, initially established to combat Strategic Lawsuits Against Public Participation (SLAPPs), aims to ensure individuals' constitutional rights and freedom of expression are not threatened by policy-and-legislation, general news, or politics related legal maneuvers.
- Montana's adoption of UPEPA has drawbacks - the specific alterations made during the legislation process are yet to be revealed, shedding light on potential variations among UPEPA-adopting states and offering tantalizing glimpses for potential revisions in the future.
- The UPEPA's unique character lies in its uniform interpretation across states, allowing courts in similar jurisdictions to rely on each other's court decisions, offering policy coherence in an evolving legal landscape.
