| 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
In May 2025, Montana became the thirty-seventh state in the U.S. to enact anti-SLAPP safeguards when it enacted the ULC’s Uniform Public Expression Protection Act (UPEPA).[1] The new law includes all necessary provisions needed both to deter SLAPPs and to minimize litigation costs for defendants targeted for engaging in 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.
Prior to this legislation, Montana earned an “F” grade in this report because it did not have an anti-SLAPP law.
[1] H.B. 292, see https://bills.legmt.gov/#/laws/bill/2/LC2032?open_tab=bill
