Michigan has officially joined the ranks of states providing robust protections against frivolous, speech-chilling litigation. With Governor Gretchen Whitmer’s December 23, 2025 signature on House Bill 4045, Michigan became the 39th state in the nation to enact a comprehensive statute protecting speakers from strategic lawsuits against public participation, commonly known as “SLAPPs.”
By adopting this legislation—a version of the Uniform Public Expression Protection Act (UPEPA)—Michigan has moved from a state with no protections to a national leader in safeguarding public discourse. The new law provides residents with a vital shield against SLAPPs. These meritless lawsuits are typically filed by powerful interests not to win a legal judgment, but to silence critics, journalists, and activists by burdening them with the high cost of a legal defense.
The legislation saw overwhelming support in the Michigan Legislature, reflecting a broad consensus that protecting public discourse is a nonpartisan priority. House Bill 4045 passed the House of Representatives with a unanimous 103-0 vote on October 22, 2025. Following its success in the House, the bill moved to the Senate, where it was approved by a vote of 36-0 on December 18, 2025.
Until now, Michigan was one of the few remaining states without any dedicated anti-SLAPP statute, earning an “F” grade from the Institute for Free Speech in our Anti-SLAPP Report Card. This lack of protection left residents vulnerable to predatory litigation that could drag on for years, even when the underlying claims were clearly baseless. By becoming the 39th state to enact these protections, Michigan has ended its status as a “SLAPP-friendly” jurisdiction.
Under the new statute, defendants targeted by a SLAPP suit can file a special motion for expedited relief. This triggers several key protections that follow the “gold standard” for free speech reform:
- An Immediate Stay of Discovery: The law freezes the expensive and time-consuming discovery process while the court determines if the lawsuit has merit.
- Expedited Judicial Review: Courts are required to hear anti-SLAPP motions quickly, ensuring that frivolous cases are dismissed at the earliest possible stage.
- Fee-Shifting Provisions: To deter future SLAPPs, the law requires plaintiffs who file meritless suits and lose the anti-SLAPP motion to pay the defendant’s reasonable attorney fees and legal costs.
- Right of Appeal: Defendants have the right to an immediate appeal if a trial court wrongly denies an anti-SLAPP motion.
In previous assessments of state laws, the Institute for Free Speech noted Michigan’s total lack of statutory protections. The enactment of HB 4045 represents a massive leap forward, bringing the state into alignment with the best practices for protecting this fundamental constitutional right.
This reform ensures that whether a citizen is speaking during public comment time at a local government meeting, a journalist is reporting on government corruption, or a consumer is posting a critical review online, they can do so without fear of financial ruin from a retaliatory lawsuit.
Many individuals and organizations made this achievement possible in Michigan after years of dedicated work. Special thanks go to State Representative Kara Hope, the lead sponsor of this crucial legislation, and to Gov. Whitmer for signing it into law. We also thank the countless activists and organizations who showed up at hearings, testified, and worked to make this law possible.
Michigan’s milestone as the 39th state to adopt robust anti-SLAPP protections marks a new era for the Wolverine State as a defender of the right to speak, petition, and publish.
To learn more about our country’s anti-SLAPP statutes, read our 2025 Anti-SLAPP Report Card here.
