Montana took a historic step forward in protecting public expression as Governor Greg Gianforte signed House Bill 292, the “Uniform Public Expression Protection Act” (UPEPA), into law on May 1st. This landmark legislation establishes crucial protections for victims of strategic lawsuits against public participation (SLAPPs), making Montana the 37th state in the U.S. to enact anti-SLAPP safeguards.
The path to the governor’s desk demonstrated remarkable bipartisan unity, with the House of Representatives passing it, 96-1, and the Senate passing it 50-0, both votes highlighting the cross-ideological appeal of reinforcing the First Amendment rights of Montanans.
Prior to this legislation, Montana earned an “F” grade and the worst-possible score of 0 out of 100 points on the Institute for Free Speech’s Anti-SLAPP Report Card. This lack of protection left Montanans vulnerable to frivolous lawsuits designed to intimidate critics into silence through lengthy legal battles and mounting attorney fees.
Under the newly signed law, individuals targeted by potential SLAPP lawsuits can file an anti-SLAPP motion, temporarily freezing the case and allowing a judge to quickly dismiss meritless claims. This early evaluation mechanism prevents wealthy individuals or organizations from using expensive litigation as a weapon to silence legitimate criticism.
The legislation follows the model Uniform Public Expression Protection Act drafted by the nonpartisan Uniform Law Commission. It includes all necessary provisions needed both to deter SLAPPs and to minimize litigation costs for defendants targeted for protected speech.
Montana’s new anti-SLAPP law protects all citizens’ right to speak freely on matters of public concern. Whether posting an online review, criticizing an elected official, speaking at a public meeting, or engaging in objective journalism, Montanans now have legal protection against retaliatory litigation.
We extend our sincere appreciation to State Representatives Tom Millett (R-Marion) and James Reavis (D-Billings) for their bipartisan sponsorship of and their work to pass the legislation, and to Governor Greg Gianforte for signing it into law. Their leadership and dedication to protecting the First Amendment rights of all Montanans deserve recognition. This effort would not have been possible without the tireless advocacy of numerous press organizations, civil liberties groups, and grassroots free speech activists who worked across party lines to build support for these vital protections.
This achievement follows years of advocacy and represents a significant step forward for free expression in Montana. Cases like the 2015 lawsuit against the Billings Gazette, in which the newspaper was sued simply for filing a public records request about potential mishandling of public funds, highlight why these protections are so urgently needed. With this new law, Montana moves from the bottom of national rankings to among the strongest defenders of free speech in America.
