Wisconsin bill would create special "motion to strike" for suits tied to public speech

Senate Bill 430, introduced Sept. 29, 2025, would create a new statute, 802.065, that allows a defendant to file a special motion to strike in a lawsuit arising from acts the defendant made in furtherance of the constitutional rights of petition or free speech in connection with a public issue. The bill was introduced by Senators ROYS, LARSON, DASSLER-ALFHEIM, HESSELBEIN, KEYESKI, RATCLIFF and SPREITZER and cosponsored by Representatives PHELPS, JOERS, ANDRACA, ANDERSON, ARNEY, BARE, CLANCY, MADISON, PALMERI, RIVERA-WAGNER, SNODGRASS, STUBBS, TENORIO and UDELL and was referred to the Committee on Licensing, Regulatory Reform, State and Federal Affairs.

Under the bill text and the Legislative Reference Bureau analysis included with it, a court would consider pleadings and affidavits supporting and opposing a special motion to strike; if the court finds the plaintiff has not established a probability of prevailing, the claim subject to the motion may be dismissed. The bill also provides that, except in certain circumstances, a prevailing defendant on such a motion is entitled to recover attorney fees and costs, while a court must award costs and reasonable attorney fees to a plaintiff if the motion is frivolous or made solely to cause delay.

The bill specifies what qualifies as an "act in furtherance" of petition or speech in connection with a public issue: written or oral statements made before a legislative, executive, or judicial proceeding or other official proceeding authorized by law; statements made in connection with an issue under consideration or review by a legislative, executive, or judicial body; and statements made in a place open to the public or a public forum on an issue of public interest. The text also says that "any other conduct" may be considered to further the constitutional right of petition or free speech in connection with a public issue.

Procedural provisions in the bill include a 60-day filing window measured from service of the complaint, subject to the court's discretion to allow a later filing on appropriate terms, and a requirement that the motion be scheduled for hearing not more than 30 days after service of the motion unless the court's schedule makes that impossible. The bill orders that, unless the court determines otherwise, the filing of a notice of a special motion to strike stays all discovery proceedings until the court issues a ruling on the motion; the court may, for good cause, order specified discovery to proceed despite the stay.

The measure contains several exceptions and limits: it does not apply to enforcement actions brought in the name of the people of Wisconsin by the attorney general, a district attorney, or a city attorney acting as public prosecutors. The bill also prevents defendants from recovering attorney fees under the new section for causes of action brought under ss. 19.37 or 19.97, though it does not prevent recovery of fees under those statutes themselves. An order granting or denying a special motion to strike is appealable as a matter of right.

The bill requires parties who file a special motion to strike or opposition to transmit certain filing and order copies to the director of state courts, who must keep a public record of that information for at least three years; the Legislative Reference Bureau analysis notes a state fiscal estimate will be printed as an appendix to the bill. The text states the section "shall be construed broadly to favor protection of the constitutional rights of petition and free speech."

Senate Bill 430 was referred to the Committee on Licensing, Regulatory Reform, State and Federal Affairs upon introduction. The bill's initial applicability section states the act first applies to actions filed on the statute's effective date.