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House committee weighs anti-SLAPP bill to speed dismissal of meritless suits
Summary
Representative Hope and a Uniform Law Commission adviser told the House Judiciary Committee that HB 4045 would create an expedited process to dismiss strategic lawsuits against public participation (SLAPPs) within 60 days and allow attorney fees and immediate appeal safeguards; multiple organizations filed support cards.
Representative Sarah Hope urged committee members to advance House Bill 4045, saying the bill would give people an early procedural tool to dismiss retaliatory suits brought to silence public participation.
"What they are is retaliatory suits that are aimed at silencing, intimidating, or punishing someone who speaks out on an issue of public interest," Representative Hope said, describing how a retired Michigan resident who posted questions about local government dealings faced costly litigation. "This legislation would allow a dismissal earlier on, so within 60 days of the lawsuit being filed," she said, adding that in some instances the statute allows recovery of attorney fees and provides an immediate right to appeal.
Caitlin Wolf, testifying for the Uniform Law Commission, said the bill would create an "early off-ramp" for SLAPP suits and reduce docket congestion while protecting legitimate claims. "If the judge thinks that this is one of these particular types of frivolous lawsuits, the judge could dismiss the case far earlier than the judge could if this were to follow the normal litigation process," she said. Wolf noted that 36 states have some version of anti-SLAPP protections and that the uniform model the bill follows has been enacted in 11 states to date.
Members of the public also spoke or were listed on testimony cards. Peter Phillips, who identified himself as a Michigan resident and community rights activist, told the committee he had sought chances to testify in earlier sessions and framed his appearance as supporting robust public comment; his remarks were primarily about access to committee testimony rather than legal details of the bill.
Committee staff read a long list of organizations that filed support cards, including the Motion Picture Association, Michigan Association of Justice, ACLU of Michigan, Sierra Club, Michigan State Employee Retirees Association, and others; one card opposing the bill was filed by Salt and Light Global.
Why it matters: Supporters said the bill protects free expression by creating an expedited mechanism to dispose of meritless suits aimed at public participation, while the bill includes safeguards such as immediate appeal to prevent misuse.
Background: Representative Hope said HB 4045 previously passed the full House 100-8 in the last session but did not complete the process before adjournment. The bill is based on a Uniform Law Commission model designed to balance dismissal of frivolous suits with protection of legitimate legal claims.
