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Committee hears bipartisan support for anti‑SLAPP bill to speed dismissal of meritless suits
Summary
HB 292 (Uniform Public Expression Protection Act) would let courts rapidly dismiss lawsuits aimed at chilling speech and award fees; supporters include the Uniform Law Commission, ACLU and news/media groups, while members probed how fee awards and wealthy filers would be handled.
Representative Tom Millett opened testimony on House Bill 292, the Uniform Public Expression Protection Act (UPEPA), calling it Montana's anti‑SLAPP measure to protect public expression and allow early dismissal of meritless suits.
Proponents included cosponsor Representative James Reavis, Jacqueline Lundmark of the Uniform Law Commission, Henry Seaton of the ACLU of Montana and Jessie Luther of the Motion Picture Association. They described UPEPA as a model statute adopted or considered in multiple states that permits an early motion to dismiss, stays discovery while the motion is decided and includes a mandatory fee award to prevailing movants. "The primary remedy is to get the lawsuit kicked out as quickly as possible," an informational witness who helped draft the model told the committee.
Committee members asked for examples of SLAPP suits and whether wealthy litigants could avoid deterrent fee awards; witnesses said the expedited dismissal, not the fee award alone, is the statute's chief deterrent. Supporters argued the bill is nonpartisan and protects journalists, documentary filmmakers and citizen activists from being bankrupted by retaliatory litigation.
Representative Millett closed by urging the committee to advance HB 292 and noted similar uniform legislation has passed in other states. The hearing concluded without a committee vote.
