The Uniform Public Expression Protection Act (UPEPA) will become law in Maine on January 1, 2025. This act will replace Maine’s previous Anti-SLAPP Act and will provide expanded protection for free speech. The UPEPA aims to allow individuals who have been sued for exercising their free speech rights to seek early dismissal of the litigation, thus preventing them from enduring unnecessary costs, expenses, and mental stress. Anti-SLAPP laws like the UPEPA essentially move the summary judgment motion to the beginning of the case, rather than at the end of discovery.
By adopting uniform legislation like the UPEPA, state legislatures may make adjustments to address specific concerns within their state, resulting in non-uniform provisions. Maine has made minimal changes to the UPEPA, adding a provision to protect written or oral statements made in connection with discrimination complaints. This move expands the scope of the law’s protections without significantly altering the original text. Maine’s adoption of the UPEPA is seen as one of the cleanest among the states that have implemented it.
The year 2024 could see other states adopting the UPEPA, with around 10 states currently considering the uniform act. Along with Maine, states such as Hawaii, Kentucky, New Jersey, Utah, and Washington have already adopted the UPEPA. Oregon has also modified its existing Anti-SLAPP statute to align it closely with the UPEPA. States like California, Texas, and New York have their own Anti-SLAPP legislation that functions similarly but lacks the benefit of uniform interpretation. The UPEPA is fulfilling its purpose by providing a comprehensive Anti-SLAPP law for states without such statutes and modernizing older laws in other states.
Overall, the UPEPA is positioned to make a significant impact in protecting free speech rights across states that adopt it. The act streamlines the process for individuals to seek dismissal of lawsuits aimed at stifling their expression. As more states consider the UPEPA, the uniformity of interpretation will provide consistent protection for free speech rights. The adoption of the UPEPA marks a significant advancement in strengthening protections for individuals targeted for exercising their free speech rights. With ongoing efforts to expand adoption of the UPEPA in multiple states, the landscape of anti-SLAPP laws is evolving to better safeguard individuals’ right to express themselves without fear of frivolous litigation.
