Bill > HB5788

This bill enacts the Uniform Public Expression Protection Act, which aims to promote the rights of citizens to actively participate in government and protect them from "strategic lawsuits against public participation" (SLAPP suits) that are intended to chill free expression. The key provisions of the bill include: 1) Establishing expedited judicial review procedures for certain eligible causes of action, such as those related to communications in government proceedings or the exercise of free speech and other constitutional rights. This includes a stay on discovery and other proceedings during the review. 2) Specifying the burden of proof and evidence considered in the expedited review, and providing for sanctions if the court finds the motion was frivolous or intended to delay. 3) Allowing appeals as a matter of right from orders denying the motion to dismiss, and requiring the court to award costs, attorney fees, and expenses to the prevailing party. 4) Broadly construing the Act to protect the exercise of free speech, press, assembly, petition, and association rights under the U.S. and Michigan constitutions. The bill aims to shift the burden of litigation back to the party bringing a SLAPP suit in order to minimize the chilling effect on public participation.