Uniform Public Expression Protection Act Adopted By Utah To Update Its Anti-SLAPP Laws

Utah has adopted the Uniform Public Expression Safety Act (UPEPA), as discovered at Utah.Stat. § 78B-25-101, et seq., and which turns into efficient for actions introduced on or after Could 3, 2023. This represents a considerable improve for Utah’s Anti-SLAPP Act. The prior Utah Anti-SLAPP legislation had been rated as “D-” (virtually nugatory) by the Institute for Free Speech which tracks such issues. The adoption of the UPEPA ought to take Utah into the “A-” vary below the IFS’s rankings with the remainder of the UPEPA states.

Utah now joins Hawaii, Kentucky and Washington within the adoption of the UPEPA. What makes Utah fascinating is that Utah has principally adopted a “clear” model of the UPEPA, that means that the UPEPA was adopted intact with out the tinkering that went on when the UPEPA was adopted in these different states. Thus, in Utah, we are going to get the primary likelihood to see how the UPEPA in its purest kind can be interpreted. That is one thing that’s thrilling for these of us who had been on the UPEPA drafting committee.

For this similar purpose, nevertheless, there actually is not something to write down concerning the Utah UPEPA that I have not beforehand written about in my dialogue of the UPEPA usually.

Solely a few states, corresponding to California Nevada, have greater rankings than the UPEPA states and suffice it to say whether or not these greater rankings are justified over the UPEPA is debatable by a few of us who apply these states. The California Anti-SLAPP statute is exhibiting its age, and a few textual parts have been interpreted to say one thing apart from their clear language ― which incessantly causes confusion on the trial courtroom stage. In the meantime, the Nevada courts have taken the Nevada Anti-SLAPP statutes off into the weeds in just a few areas.

Additionally, neither the California or Nevada statutes will benefit from uniformity going ahead, which is a key element of the UPEPA that seeks to stop discussion board purchasing by defamation plaintiffs. Uniformity principally permits the courts of a state that has not but resolved a specific subject to primarily “import” the courtroom selections of one other state with the identical uniform statute as their very own choice. That is judicially environment friendly, however additionally it is environment friendly for litigants who would possibly in any other case be consulting their OUIJI boards as to how a novel subject is likely to be decided. At the very least within the humble opinion of your author, the uniformity profit lifts the UPEPA over these different statutes in high quality.

In the meantime, the UPEPA is into consideration in a lot of different states and it’s possible that we are going to see not less than yet one more enactment this 12 months, if not a pair. Additionally, whereas Oregon has not but adopted the UPEPA, Oregon is contemplating some amendments that can draw the Oregon Anti-SLAPP legislation nearer to the UPEPA.

Keep tuned.