Note that the Delaware score and grade reflected in the report are based on a bill that the legislature passed unanimously but, as of this writing, has not yet been signed by the governor. We anticipate that this will happen soon. Delaware currently has no anti-SLAPP law.
| Subgrades | |
| Covered Speech: | A+ |
| Anti-SLAPP Protections: | A+ |
| Subscores | |
| Covered Speech: | 100 out of 100 points |
| Anti-SLAPP Protections: | 100 out of 100 points |
| Detailed Scoring on Anti-SLAPP Protections | |
| Suspension of Court Proceedings Upon an Anti-SLAPP Motion: | 20 of 20 points |
| Burden of Proof on Plaintiff to Defeat an Anti-SLAPP Motion: | 12 of 12 points |
| Right to an Immediate Appeal: | 25 of 25 points |
| Award of Costs and Attorney Fees: | 40 of 40 points |
| Expansive Statutory Interpretation Instruction to Courts: | 3 of 3 points |
State Anti-SLAPP Statute
Note that the Delaware score and grade reflected in the report are based on a bill that the legislature passed unanimously but, as of this writing, has not yet been signed by the governor. We anticipate that this will happen soon. Delaware currently has no anti-SLAPP law.
In 2025, Delaware adopted the Uniform Law Commission’s model Uniform Public Expression Protection Act (UPEPA).[1] As such, it corrects the failings of the state’s previous anti-SLAPP law by greatly expanding the covered speech, providing robust protections for all speech on matters of public concern. This new law represents a dramatic improvement for Delaware, which previously received a D- grade in our 2023 Anti-SLAPP Report Card.
