Bill > SB80

This bill adopts the Uniform Public Expression Protection Act (UPEPA), which provides a comprehensive legal mechanism to protect individuals' rights to free speech, petition, and association. The Act establishes a streamlined process for defendants to quickly dismiss lawsuits that appear to be intended to silence or intimidate them for exercising their constitutional rights. Key provisions include allowing a defendant to file a special motion for expedited relief within 60 days of being served with a complaint, which automatically stays (pauses) all other legal proceedings. The court must then hold a hearing within 60 days to determine if the lawsuit should be dismissed. If the motion is successful, the court must award the defendant their court costs, attorney's fees, and potentially even punitive damages if the original lawsuit was found to be maliciously filed to inhibit free speech. The bill applies to various types of communications, including those in governmental proceedings, public commentary, and matters of public concern, while providing specific exceptions for certain types of claims like governmental actions or fraud. Notably, this bill repeals Delaware's existing statutes on public petition and participation and replaces them with this more comprehensive UPEPA framework, which has already been adopted by several other states and is designed to provide uniform protection for First Amendment-related rights across different jurisdictions.

Government Affairs, Justice

https://legis.delaware.gov/BillDetail?LegislationId=142002