Adopting the Uniform Public Expression Protection Act

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill adopts the Uniform Public Expression Protection Act (UPEPA) approved by the Uniform Law Commission in 2020.

The bill allows a person served with a complaint in a civil action to file an expedited special motion to dismiss any cause of action asserted against the person based on the person’s 1) communication in a governmental proceeding; 2) communication on an issue under consideration or review in a governmental proceeding; or 3) exercise of the constitutional right of freedom of speech or of the press, the right to assemble or petition, or the right of association, on a matter of public concern. In general, the court must hold a hearing on a special motion to dismiss within 60 days of its filing and must stay the court proceedings, including discovery, until the court rules on the special motion and the time to appeal this ruling has expired. The court must rule on the special motion not later than 60 days after the hearing, and the appeal period is 14 days from the ruling. In ruling on the motion, the court must consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in a summary judgment proceeding. The court must dismiss with prejudice a cause of action if all of the following apply:

Who's behind it

Eric Wimberger, a Republican, is its author⁠.

14 more lawmakers signed on in support⁠.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

• Amendment Histories