Montana Enacts Uniform Law for Freedom of Speech: The Uniform Public Expression Protection Act Wins Approval
The Sierra Silver State of Montana now boasts the Uniform Public Expression Protection Act (UPEPA), following its landslide passage in both the House and Senate. This groundbreaking law, with its solitary dissenting vote in the House and unanimous approval in the Senate, illustrated the UPEPA's undeniable merit as a top-tier Anti-SLAPP legislation for states either lacking such a law or aiming to replace ineffective ones.
According to Peter Russo of the Institute for Free Speech, the UPEPA's arrival in Montana signifies a remarkable upgrade in Montana's free speech terrain. As our previous report highlighted, Montana previously ranked amongst the states with the weakest protection against Strategic Lawsuits Against Public Participation (SLAPP) threats, with instances like the 2015 Billings Gazette case underscoring the urgent need for these safeguards.
Russo commended State Representatives Tom Millett (R-Marion) and James Reavis (D-Billings) for their bipartisan sponsorship, Governor Gianforte for signing it into law, and all the coalition partners—the ULC, press organizations, civil liberties groups, and grassroots activists—whose collective efforts made the UPEPA a reality.
With Montana's adoption, 11 states now employ the UPEPA, accounting for a third of the Anti-SLAPP laws in the United States. The remaining states and territories fall into three categories: 28 have their own organic Anti-SLAPP laws, 15 lack any such legislation, and the District of Columbia and Guam are amongst those with their own.
As of the present legislative term, the UPEPA has been presented in ten additional states' legislatures, with signs suggesting it's imminent approval in a couple of them. Crossing our fingers and toes for its continued good fortune.
Upon hearing reports of the final bill's signing, we eagerly await the details of any minor amendments introduced in Montana's version of the UPEPA. Given the variations previously made by states adopting the UPEPA, these adjustments can provide valuable insights for future revisions to the legislation.
Meanwhile, in other news, 2025 has been quite the year for UPEPA adoptions, hinting at a brighter future for free speech protection.
Although unfamiliar to many, the UPEPA is an Anti-SLAPP law designed to safeguard freedom of expression and other constitutional rights by moving summary judgment proceedings from the case's final stages to its early stages, thereby quashing frivolous cases at their onset. While certain other states have similarly effective Anti-SLAPP laws (particularly California and Texas, which served as the UPEPA's primary inspiration), the UPEPA offers an additional benefit: uniformity of interpretation. This allows courts in UPEPA states to draw on one another's decisions as needed.
- The recently enacted Uniform Public Expression Protection Act (UPEPA) in Montana, a leading Anti-SLAPP legislation, is aimed at strengthening the state's protections against Strategic Lawsuits Against Public Participation (SLAPP).
- In Montana, the UPEPA's sponsorship was a bipartisan effort, with State Representatives Tom Millett (R-Marion) and James Reavis (D-Billings) leading the charge.
- The UPEPA, now instituted in 11 states, is a significant milestone, representing a third of the Anti-SLAPP laws in the United States, with ten additional states considering its adoption.
- As the UPEPA continues its expansion, its uniform interpretation can offer valuable insights for future revisions to the legislation, ensuring continued safeguards for free speech and constitutional rights.
