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Committee clears modernized anti‑SLAPP bill aimed at deterring strategic lawsuits against public participation
Summary
The Uniform Public Expression Protection Act (HB169) received a 4‑2 committee vote after proponents said the update would help defendants quickly dismiss meritless suits that target public participation. Witnesses from environmental groups, press associations and civil‑liberties organizations urged passage.
A House committee voted 4‑2 to recommend House Bill 169, the Uniform Public Expression Protection Act, which would provide a procedure for defendants to seek expedited dismissal of meritless lawsuits brought to chill speech and public participation.
Sponsor Representative Romero said the bill modernizes a statute last updated in 2001 and aligns New Mexico with other states that have enacted anti‑SLAPP protections. The bill would permit defendants to file an early special motion to dismiss when a civil action targets protected public expression; if a court determines a suit is meritless, the defendant could obtain dismissal and recover costs and attorney fees.
Proponents — including environmental groups, the New Mexico Press Association, ACLU of New Mexico and the uniform‑law drafters — described the bill as a tool to deter well‑funded litigants from using litigation to silence critics. Marielle Nannasi of New Energy Economy and others described cases where organizations say wealthy interests have used lawsuits to impose legal costs on advocacy groups and individuals.
Committee members asked about interactions with existing New Mexico law and federal doctrines, including the ‘‘Noerr‑Pennington’’ doctrine (which offers First Amendment protections for petitioning government) and state tort statutes. Counsel said the measure is intended to create a clear, statutory process for early dismissal in state administrative and civil contexts; it does not impair ordinary litigation procedures like libel suits. Members also discussed court resources, appeal timetables and whether the Administrative Office of the Courts has enough capacity to handle expedited timelines.
Motion and outcome: Representative Thompson moved a do‑pass recommendation; the motion passed 4‑2.
What’s next: The bill moves to the House floor. Supporters told the committee the measure is a uniform act adopted in multiple states and that legislative enactment will give courts a clear statutory process for early dismissal of SLAPP suits.
