| Subgrades | |
| Covered Speech: | A- |
| Anti-SLAPP Protections: | C+ |
| Subscores | |
| Covered Speech: | 90 out of 100 points |
| Anti-SLAPP Protections: | 68 out of 100 points |
| Detailed Scoring on Anti-SLAPP Protections | |
| Suspension of Court Proceedings Upon an Anti-SLAPP Motion: | 0 of 20 points |
| Burden of Proof on Plaintiff to Defeat an Anti-SLAPP Motion: | 0 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 July 2024, Pennsylvania enacted a strong new anti-SLAPP law, bolstering protections for all residents of the commonwealth.[1] The “Uniform Public Expression Protection Act” is based on the ULC’s UPEPA and replaces Pennsylvania’s previously limited anti-SLAPP provisions. The new statute extends protections to all expression on any matter of public concern and was enacted by a legislature which recognized that “[i]t is in the public interest to encourage continued participation in matters of public significance” and that “[t]his participation should not be chilled through abuse of the judicial process.”[2]
Key provisions in the legislation, designed to deter frivolous lawsuits and minimize litigation costs for defendants, include granting defendants the right to immediate appeal if an anti-SLAPP motion is denied, mandating that successful defendants recover court costs and attorney’s fees, and instructing courts to interpret the law in an expansive manner.
The new law also provides for the suspension of all court proceedings when an anti-SLAPP motion is filed and places the burden of proof on the plaintiff to defeat such a motion. However, per Pennsylvania’s Constitution, these provisions “will only go into effect if the state Supreme Court allows them.”[3] Consequently, these components of Pennsylvania’s new law receive zero points in this update. This will change if and when the state’s Supreme Court acts. If and when the Court allows those statutory provisions to take effect, Pennsylvania’s score will rise to 93 in a future report.
[1] Pennsylvania General Assembly, 2024 Act 72, https://perma.cc/Y5BJ-RHVJ
[2] Id.
[3] Michael Berry, “Op-Ed: PA’s New Law ‘SLAPPs’ Back Frivolous Lawsuits Over Free Speech,” BeaverCountain.com, October 27, 2024, https://perma.cc/G3TG-YKLW
