Committee hears uniform anti‑SLAPP bill to speed dismissal of meritless lawsuits

Representative Tom Millett introduced House Bill 292 as the Uniform Public Expression Protection Act (UPEPA), saying the measure is intended to ‘‘safeguard our right to express ourselves and protect all Montanans from meritless lawsuits’’ often used to chill speech. He told the committee the bill allows early motions to dismiss and mandatory fee awards for prevailing speakers.

Supporters included co‑sponsor Representative James Reavis, members of the Uniform Law Commission (Jacqueline Lundmark), the ACLU of Montana (Henry Seaton), and the Motion Picture Association (Jessie Luther). Reavis described the statute’s three‑part gatekeeping mechanism: (1) whether the suit targets protected expression, (2) exceptions such as government actions or consumer‑protection claims, and (3) whether the plaintiff can make a prima facie case; if not, the defendant prevails and is entitled to fees.

Witnesses emphasized the bill’s procedural elements — a stay of discovery while the court rules and expedited hearings — as central to protecting journalists, documentarians, and citizen critics from costly litigation. Drafters and advisers (Jay Adkinsen, who helped propose and draft the uniform act) walked the committee through national precedents and the uniform‑law drafting process.

Committee members asked about wealthy litigants and fee‑shifting asymmetries; drafters and supporters said early dismissal is the primary remedy and that fee awards and existing sanctions (Rule 11) deter repeated abuse.

What’s next: The hearing closed with sponsors urging a due pass recommendation. The committee scheduled executive action later in the week.