summary
Introduced
11/20/2025
11/20/2025
In Committee
01/12/2026
01/12/2026
Crossed Over
Passed
Dead
Introduced Session
Potential new amendment
2025-2026 Regular Session
Bill Summary
This bill adopts the Uniform Public Expression Protection Act (UPEPA) approved by the Uniform Law Commission in 2020. The bill allows a person served with a complaint in a civil action to file an expedited special motion to dismiss any cause of action asserted against the person based on the person’s 1) communication in a governmental proceeding; communication on an issue under consideration or review in a governmental proceeding; or 3) exercise of the constitutional right of freedom of speech or of the press, the right to assemble or petition, or the right of association, on a matter of public concern. In general, the court must hold a hearing on a special motion to dismiss within 60 days of its filing and must stay the court proceedings, including discovery, until the court rules on the special motion and the time to appeal this ruling has expired. The court must rule on the special motion not later than 60 days after the hearing, and the appeal period is 14 days from the ruling. In ruling on the motion, the court must consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in a summary judgment proceeding. The court must dismiss with prejudice a cause of action if all of the following apply: 1. The moving party establishes that the cause of action is as described in items 1 to 3 above. LRB-5309/1 ARG&SWB:klm 2) 2025 - 2026 Legislature SENATE BILL 666 2. The responding party fails to establish the applicability of certain excluded situations, such as the cause of action being brought against a governmental unit or employee acting in an official capacity or against a person whose communication relates to the sale of goods or services. 3. The responding party fails to establish a prima facie case as to each element of the cause of action or the moving party establishes either that the responding party failed to state a cause of action or that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. A moving party has a right to appeal an order denying a special motion to dismiss. A court must award court costs, reasonable attorney fees, and reasonable litigation expenses related to the special motion as follows: 1) to the moving party if the moving party prevails on the motion, or 2) to the responding party if the responding party prevails on the motion and the motion was frivolous or filed solely with intent to delay the proceeding.
AI Summary
This bill adopts the Uniform Public Expression Protection Act (UPEPA), which provides a mechanism for expedited dismissal of civil actions that potentially infringe on constitutional rights of free speech, press, assembly, petition, and association. The bill allows a person served with a complaint to file a special motion to dismiss a cause of action related to their communication in a governmental proceeding, communication on a governmental issue, or exercise of constitutional rights on a matter of public concern. The motion must be filed within 60 days of being served, and the court must hold a hearing within the same timeframe. During this process, all court proceedings and discovery are stayed. The court must consider the pleadings, motion, and any evidence as it would in a summary judgment proceeding. If the moving party establishes that the action falls under the UPEPA's scope and the responding party cannot prove an exception or establish a prima facie case, the court must dismiss the cause of action with prejudice. The bill also provides that the moving party has a right to appeal a denial of the motion, and the court must award court costs and attorney fees to the prevailing party, with additional provisions to prevent frivolous or delaying tactics. The law is intended to be broadly construed to protect constitutional rights of free expression.
Committee Categories
Justice
Sponsors (13)
Eric Wimberger (R)*,
Elijah Behnke (R),
Lindee Brill (R),
Barbara Dittrich (R),
Joy Goeben (R),
Rick Gundrum (R),
Joel Kitchens (R),
Dan Knodl (R),
Rob Kreibich (R),
Dave Maxey (R),
Paul Melotik (R),
Jerry O'Connor (R),
Jim Piwowarczyk (R),
Last Action
Representative Udell added as a cosponsor (on 02/02/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://docs.legis.wisconsin.gov/2025/proposals/reg/sen/bill/sb666 |
| SB666 ROCP for Committee on Judiciary and Public Safety | https://docs.legis.wisconsin.gov/2025/related/records/senate/judiciary_and_public_safety/1963453.pdf |
| Senate Amendment 1 | https://docs.legis.wisconsin.gov/document/amends/2025/REG/SB666-SA1.pdf |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/SB666.pdf |
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