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Bill > SB2734

MS SB2734

MS SB2734
Uniform Public Expression Protection Act; enact.

summary

Introduced
01/19/2026
In Committee
01/19/2026
Crossed Over
Passed
Dead
02/03/2026

Introduced Session

2026 Regular Session

Bill Summary

An Act To Enact The "uniform Public Expression Protection Act"; To Provide Definitions For The Act; To Provide The Circumstances For Which This Act Applies; To Provide That This Act Does Not Apply To Any Cause Of Action Asserted Against A Governmental Unit Or Employee Of Said Unit Acting Or Purporting To Act In An Official Capacity; To Provide That This Act Does Not Apply To Any Cause Of Action Asserted By A Governmental Unit Or Employee Of Said Unit Acting Or Purporting To Act In An Official Capacity To Enforce A Law To Protect Against An Imminent Threat To Public Health Or Safety; To Provide That This Act Does Not Apply To Any Cause Of Action Asserted Against A Person Primarily Engaged In The Selling Or Leasing Of Goods If The Cause Of Action Arises Out Of A Communication Related To The Person's Sale Or Lease Of The Goods Or Services; To Provide For The Timeline To Respond To A Pleading That Asserts A Cause Of Action For Which This Act Applies; To Provide The Circumstances When Proceedings Between A Moving Party And A Responding Party Are Stayed Upon The Filing Of A Special Motion For Expedited Relief To Dismiss A Cause Of Action Or Part Of The Cause Of Action; And For Related Purposes; To Provide That A Court Shall Hear A Motion Brought Under This Act Within Sixty Days After The Filing Of The Motion Unless Discovery Is Allowed Or For Other Good Cause; To Clarify That In Ruling On A Motion Under Section 3 Of This Act That A Court Shall Consider Any Evidence That It Could Consider In Ruling On A Motion For Summary Judgment Under The Mississippi Rules Of Civil Procedure; To Provide The Grounds Upon Which A Court Shall Dismiss A Cause Of Action Subject To This Act; To Provide For The Effect Of A Prejudicial Or Non-prejudicial Voluntary Dismissal By A Responding Party On The Right Of A Moving Party To Obtain Costs And Attorney's Fees; To Provide That A Court Shall Rule On A Motion Under Section 3 Of This Act Not Later Than Sixty Days After A Hearing On Said Motion; To Authorize A Moving Party To Appeal From An Order Denying A Motion In Whole Or In Part Which Must Be Filed Not Later Than Thirty Days After Entry Of The Order; To Provide The Requirements For When A Court Shall Award Costs, Reasonable Attorney Fees, And Reasonable Litigation Expenses Related To A Motion Under Section Three Of This Act; To Provide That This Act Shall Be Broadly Construed And Applied To Protect First Amendment Rights Guaranteed By The United States Constitution And The Mississippi Constitution; To Provide That In Applying And Construing This Act Consideration Shall Be Given To The Need To Promote Uniformity Of The Law With Respect To Its Subject Matter Among States That Enact It; To Direct Codification; And For Related Purposes.

AI Summary

This bill, titled the "Uniform Public Expression Protection Act," aims to safeguard individuals' rights to free speech and expression, particularly when those expressions relate to matters of public concern or occur in governmental proceedings. It establishes a process for quickly dismissing lawsuits that are deemed to be retaliatory or intended to silence such expression, often referred to as "strategic lawsuits against public participation" or SLAPP suits. The Act defines "goods or services" to exclude artistic or journalistic works and clarifies that "governmental unit" refers to public entities. While generally protecting expression, the Act includes exceptions, notably for lawsuits against government entities or their employees acting in their official capacity, or when a government entity is enforcing laws to protect public health or safety. It also doesn't apply to claims against businesses arising from their sale or lease of goods or services. If a lawsuit falls under this Act, the defendant can file a special motion to dismiss it within 60 days, which automatically pauses most other legal proceedings, including discovery, unless specific exceptions are met. Courts must hear these motions within 60 days and can consider evidence similar to that used in summary judgment motions. If the defendant (moving party) proves the Act applies and the plaintiff (responding party) fails to establish a valid claim or defense, the lawsuit will be dismissed. The Act also allows for the recovery of costs, attorney fees, and litigation expenses for the prevailing party on such motions, encouraging their use to protect free expression. The law is intended to be interpreted broadly to uphold First Amendment rights and promote uniformity among states that adopt similar legislation.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/03/2026)

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