This piece originally appeared in the Helena Independent Record on April 8, 2025.
The right to speak freely on matters of public concern is a core First Amendment freedom.
Yet, baseless lawsuits filed by unscrupulous plaintiffs can severely undermine this right. These suits, called strategic lawsuits against public participation, or “SLAPPs,” normally take the form of defamation suits intended to silence critics. Plaintiffs can use SLAPPs to shut down speakers on a wide range of topics, from criticism of an elected official to a negative online restaurant review.
Without strong anti-SLAPP laws, even defendants who eventually win in court suffer financially and emotionally. Meanwhile, other would-be speakers are “chilled” into silence to avoid becoming targets. These suits can wreak havoc on free speech in states that fail to protect their citizens from SLAPPs.
Unfortunately, Montana is one such state.
Only 14 states remain that offer no protection whatsoever against SLAPPs. Increasingly, Montana finds itself falling behind in a nation that has seen tremendous progress in bolstering safeguards against this form of lawfare.
Analyzing SLAPP protections is a priority for my organization, the Institute for Free Speech. We examine anti-SLAPP laws in all 50 states and DC, detailing the results in our comprehensive Anti-SLAPP Report Card. And the results for Montana are alarming.
Montana earns a grade of “F” and the worst-possible score of zero out of 100 points. By contrast, a record high of over 60% of the American population now enjoys the benefits of a “good” anti-SLAPP law, meaning some form of “A” or “B” grade. Montana’s poor performance is also at odds with neighboring Idaho, which recently adopted a robust, “A+” anti-SLAPP law with nearly unanimous support.
The widespread, cross-ideological appeal of anti-SLAPP laws is common, reflecting the fact that protecting free speech transcends political divides. From conservative ranchers criticizing government land policies to progressive activists advocating for stronger environmental regulation, Montanans of all perspectives deserve to speak without fear of retaliatory litigation when speaking on issues that matter to their communities.
There’s excellent news, though. Montana has an opportunity to join the positive national trend with HB 292, the “Uniform Public Expression Protection Act” (UPEPA). HB 292 has already passed the House unanimously and continues to make its way through the legislative process.
This bill is modeled on the UPEPA model law drafted by the nonpartisan Uniform Law Commission. It includes all the critical provisions needed to deter SLAPPs and minimize litigation costs for defendants who are targeted for their protected speech.
HB 292 requires plaintiffs to show they have a legitimate claim early in the case. If they cannot, the court must promptly dismiss the lawsuit. The bill also gives defendants a right to an immediate appeal if the court denies an anti-SLAPP motion, recognizing that judges sometimes err. Importantly, it instructs courts to broadly interpret the law’s speech protections and awards victorious defendants their attorney fees and costs. The bill’s unanimous House passage is a good early sign and again underscores the bipartisan appeal of such measures.
The stakes are high for Montanans. Without these protections, citizens can face years of costly litigation for simply speaking out on matters of public concern. If UPEPA becomes law, Montana would instantly move from the bottom of the rankings to among the nation’s most vigorous defenders against SLAPPs. The passage of UPEPA would protect journalists, right-to-life supporters, environmentalists, citizens speaking at government meetings, people leaving online reviews, podcasters, community advocates, and many others.
Montana prides itself on its independence and freedom. State lawmakers have taken a crucial first step by passing this bill in the House. Now it’s time to complete the passage process to ensure that Montanans’ First Amendment right to free speech gets the protection it deserves.
