Minnesota has adopted the Uniform Protection Act (UPEPA) as its Anti-SLAPP law to protect free speech and related rights by dismissing abusive litigation meant to hinder or retaliate against the speaker. The law went into effect on May 25, 2024, after being signed by Governor Tim Walz. The UPEPA is a state-of-the-art law that aims to curb SLAPP suits and promote the exercise of free speech rights.
The Minnesota UPEPA closely follows the uniform legislation, with few non-uniform provisions included in the law. These exclusions from the scope of the act cover civil claims against criminal perpetrators, property disputes, bodily injury claims, insurance claims, and certain federal law claims. Despite these exclusions, the basic framework of the UPEPA remains intact, allowing for the protection of free speech without hindrance.
Minnesota’s previous Anti-SLAPP law was invalidated by the state Supreme Court for violating the right to a jury trial, leaving the state without any protection against SLAPP suits. The UPEPA now provides a unified solution for states like Minnesota that lacked effective Anti-SLAPP laws or faced challenges with their existing laws. With about a quarter of U.S. states already adopting the UPEPA, the law is expected to become more widely accepted in the coming years.
One of the key advantages of the UPEPA is the uniformity of interpretation it offers across states. This means that courts in states without prior Anti-SLAPP laws can look to decisions from other states for guidance on resolving legal issues. States with their own unique Anti-SLAPP statutes will not benefit from this uniformity, making the UPEPA a more streamlined and consistent option for protecting free speech rights.
The UPEPA has garnered strong bipartisan support in Minnesota and is now being considered by several other state legislatures. This widespread adoption of the UPEPA signals a growing recognition of the need for uniform protection against SLAPP suits and the importance of safeguarding free speech rights. Despite potential differences in opinion among states with existing Anti-SLAPP laws, the UPEPA offers a solid foundation for addressing abusive litigation and upholding the principles of free speech. Expect more states to follow suit in adopting the UPEPA in the near future.
