Just in time for the holidays, the Michigan Legislature has passed a critically important piece of legislation for free expression, media organizations and all entities or individuals who communicate on matters of public interest in the state. The Uniform Public Expression Protection Act (UPEPA) — enacted through House Bill 4045 — protects speakers from abusive litigation designed to silence or chill free speech.
Why This Law Matters
For decades, Michigan has been one of the few states without a statutory mechanism to address what are called Strategic Lawsuits Against Public Participation (SLAPP) suits. SLAPP suits are meritless lawsuits — often alleging defamation, tortious interference, conspiracy or similar causes of action — brought not to vindicate legitimate legal claims, but to punish critics, burden them with high legal costs and deter further participation in public discourse.
Media companies, journalists, publishers and other communicators are particularly vulnerable. For example, the Reporters Committee for Freedom of the Press — an organization for which WNJ does volunteer work — has highlighted that without anti-SLAPP protection, newsrooms and individual reporters risk being targeted for coverage of public figures or matters of public interest, facing costly litigation even when their reporting is defensible.
Similarly, businesses and individuals expressing views on regulatory matters, political issues or community concerns — including on social media, in public commentary or through investigative reporting — have had little statutory protection in Michigan when powerful plaintiffs file expensive claims intended to intimidate or stifle speech.
Key Features of UPEPA
Under the new law:
- Expedited Relief and Early Dismissal: Defendants sued over communications on public issues or in official proceedings can file a special motion for expedited relief to dismiss the lawsuit at an early stage. This motion triggers an automatic stay of discovery and other costly litigation procedures while the court evaluates the claim.
- Broadly Protected Expression: Covered “communications” include statements made in legislative, administrative, judicial or other governmental proceedings, as well as speech involving constitutional rights such as freedom of speech, press, assembly and petition on matters of public concern.
- Burden-Shifting Framework: Once the special motion is filed, the plaintiff must prove the lawsuit has substantive legal merit and is supported by admissible evidence — a standard that screens out baseless claims designed simply to drain resources.
- Fee Shifting and Deterrence: Courts are authorized to award attorney fees and costs to the prevailing party. This provision helps deter abusive claims and ensures defendants are not left bearing the financial burden of defending protected speech.
Practical Implications
For media companies and newsrooms, UPEPA provides an important procedural mechanism to combat meritless defamation lawsuits often weaponized in response to reporting on powerful individuals or controversial public issues. This can dramatically reduce litigation risk and financial exposure for news organizations and journalists.
For businesses, nonprofits and individuals, the law offers meaningful protection when engaging in public debate about policy, regulatory matters or community issues — including social media commentary, op-eds, expert analyses and public advocacy. By enabling early motion practice and attorney fee recovery, UPEPA shifts strategic litigation risks away from speakers and back toward plaintiffs asserting legitimate claims.
Next Steps
UPEPA will not become law until Gov. Gretchen Whitmer signs it, but that seems quite likely since her party introduced the bill and her administration has previously supported anti-SLAPP legislation. It will only apply to actions filed after its effective date. We will continue to monitor guidance and judicial interpretation as courts begin applying the law.
Please feel free to contact the Privacy, Defamation, Media and First Amendment Litigation team at Warner if you would like a deeper dive into how UPEPA might apply in your specific situation — whether you are in media, technology, advocacy, corporate communications or public policy.
