Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Free Speech Protection topic
No spam. Unsubscribe anytime.
Uniform anti‑SLAPP bill wins broad support in Montana committee
Summary
HB 292, a version of the Uniform Public Expression Protection Act, heard wide support from journalists, civil‑liberties organizations, legal groups and the Uniform Law Commission advocates; the bill creates an expedited dismissal procedure and mandatory fee shifting to deter costly meritless suits aimed at chilling public participation.
Representative Tom Millett opened House Bill 292 as the Uniform Public Expression Protection Act (anti‑SLAPP) and asked the Senate Judiciary Committee to adopt the model uniform act to protect free expression and to deter meritless suits that are intended to chill public participation. "The purpose of this Public Expression Protection Act ... is to safeguard our right to express ourselves and to protect all Montanans from meritless lawsuits," Millett said.
Proponents included legislators, the Uniform Law Commission, the Montana Newspaper Association, the ACLU of Montana, the Montana Trial Lawyers Association and other advocacy groups. James Reavis, a House co‑sponsor, described procedural mechanics that the bill creates: an early motion to dismiss, an automatic stay of discovery while the motion is decided, an expedited hearing schedule and a mandatory prevailing‑party fee award to discourage SLAPP filings. "If the lawsuit has merit, you can make a prima facie case that can still move forward," Reavis said.
Jacqueline Lundmark of the Uniform Law Commission and other supporters noted the act's broad scope covers communications on matters of public concern, discourages forum shopping and expedites dismissal. The Montana Newspaper Association and the ACLU emphasized that the bill protects journalists and citizen activists from being bankrupted by expensive civil litigation. The Uniform Law Commission provided endorsement letters and model language.
No opposition was recorded in committee testimony. The sponsor and proponents urged the committee to concur on the bill; the committee later adopted an amendment in executive session and concurred on HB 292 as amended.
