Today marks a historic moment for free speech in Ohio as Governor Mike DeWine signed Senate Bill 237, which enacts the Uniform Public Expression Protection Act (UPEPA) into law. This landmark legislation makes Ohio the 35th state to have a law in place providing crucial protections against strategic lawsuits against public participation, commonly known as SLAPPs. 

Prior to the new law’s passage, the absence of anti-SLAPP protections in Ohio left its citizens vulnerable to frivolous lawsuits designed to silence public expression and criticism. These SLAPP suits, typically filed by wealthy individuals or organizations, have been weaponized to intimidate critics, forcing them into silence through the sheer burden of legal costs. 

The Institute for Free Speech’s 2023 Anti-SLAPP Report Card awarded the state an “F” grade for not having any statutory protections against this pernicious form of lawfare. 

The new law changes this landscape dramatically. Under UPEPA, plaintiffs must now justify their lawsuits on constitutional grounds early in the legal process. This crucial change prevents the use of lengthy, expensive litigation as a tool for intimidation and harassment. When someone files a lawsuit targeting protected speech, defendants can quickly challenge the merits of the case before incurring substantial legal costs and a time-consuming, intrusive discovery process. 

 The law’s key provisions offer robust protections for free speech: 

• • • Cases can be evaluated on constitutional grounds at the start 
    • Defendants gain the right to immediate appeal if an anti-SLAPP motion is denied 
    • Winning defendants can recover their legal costs and attorney fees 

Two provisions were added by the House Judiciary Committee to further strengthen the legislation, as explained in this memo summarizing the House amendments: 

• • • “States that the chapter proposed to be enacted is intended to confer substantive immunity from suit, and not merely immunity from liability, for any cause of action concerning protected speech under the bill.” 
    • “Provides that the court must not fail to award, or reduce an award of, attorney’s fees, court costs, and other reasonable litigation expenses on the grounds that the representation of the moving party was undertaken on a pro bono or contingent basis.” 

These provisions are not just about protecting journalists or activists. Rather, they safeguard every Ohioan’s right to speak freely on matters of public concern. Whether when posting an online review, reporting harassment, or speaking at a public meeting, citizens will now have legal protection against retaliatory litigation.  

UPEPA will also discourage meritless suits from being filed in the first place. By deterring frivolous lawsuits designed to silence speech, the new Ohio law creates an environment where more people will be able to safely express their views and participate in public discourse. This is particularly crucial in an era where online communication has become a primary forum for public debate. 

UPEPA passes in Ohio because of years of dedicated work by many individuals and organizations. Special thanks go to State Senators Theresa Gavarone and Nathan Manning, the lead sponsors of this crucial legislation, and to Gov. DeWine for signing it into law. We also thank the countless activists, attorneys, especially Jeffrey Nye, and organizations who worked to make this day possible.