Sponsors seek to restore one-year statute of limitations for defamation with HB441

Sponsors presented House Bill 441 to restore what they described as the longstanding one-year statute of limitations for defamation claims and to clarify that each new publication triggers a new one-year period to sue. The sponsors said a court decision (Weidman v. Hildebrandt) introduced a discovery-based rule that departs from more than a century of practice, and HB441 would codify the prior understanding to avoid decades-long exposure for speakers.

Witnesses argued the change balances the First Amendment and the narrow exception for defamation, noting that truth is an absolute defense and that certain categories of defamation carry presumed damages. Sponsors cited dissents by Chief Justice Sharon Kennedy and Judge Christy Wilkin as supportive precedent and said the bill would preserve the stability of the statute.

Members questioned whether other states have adopted discovery rules and whether a middle ground might be appropriate; sponsors responded that the one-year rule has worked for generations and that exceptions (for anonymous publishers or John Doe actions) already exist for cases where identification is delayed. The committee did not vote on HB441.