On July 17, 2024, Pennsylvania Governor Josh Shapiro signed into law Act 72 of 2024, also known as the Uniform Public Expression Protection Act (UPEPA). This new anti-SLAPP legislation significantly strengthens free speech protections in the state, placing Pennsylvania among the leaders in safeguarding public participation and discourse.
Get Legal Guidance for PA Act 72
What is a SLAPP?
SLAPP stands for Strategic Lawsuits Against Public Participation. These are meritless lawsuits designed to intimidate and silence critics by burdening them with costly legal defense fees.
Key Features of PA 2024 Act 72
- Protected Public Expression: The law provides immunity from civil liability for a wide range of protected speech, including communications about government proceedings and matters of public concern.
- Early Dismissal Mechanism: Defendants can file a motion to dismiss SLAPP suits at an early stage, arguing that the claim arises from protected activity.
- Burden of Proof: Once a defendant demonstrates that the lawsuit relates to protected activity, the plaintiff must show that their claim has merit.
- Attorney’s Fees: If immunity is granted, the defendant is entitled to recover attorney’s fees and costs.
- Expedited Judicial Review: The Act provides for quick determination of whether a lawsuit meets the criteria for dismissal under Act 72.
Why 2024 Act 72 Matters For Pennsylvania
The UPEPA aims to protect First Amendment rights, discourage abusive litigation, minimize costs for defendants, and create consistency across states in protecting free expression.
Act 72 of 2024 Implications for Public Entities in Pennsylvania
Government bodies and officials need to be particularly aware of this new law because:
- Enhanced Press Freedom: The law provides additional protection to the press when covering government actions.
- Litigation Caution: Public sector entities should exercise increased care when considering lawsuits against critics or the press.
- Financial Risks: If a suit is found to be meritless, the government entity may have to pay the defendant’s legal fees and costs.
- Broad Application: The law is designed to apply in both state and federal courts, ensuring consistent protection.
Before considering an Anti-SLAPP lawsuit, consult with MBM Law’s team of attorneys to guide you through the new law and if it applies to your situation.
Exceptions to Immunity
The new Act 72 law does include some exceptions to anti-SLAPP immunity, such as:
- Government enforcement actions
- Commercial speech claims
- Non-disparagement or noncompete agreements
- Misappropriation of trade secrets
Pennsylvania Act 72 of 2024 Impact and Implementation
The UPEPA provides a mechanism for early dismissal of meritless claims, allowing courts to efficiently handle SLAPP suits without subjecting defendants to prolonged and costly litigation. This protection is crucial for journalists, media outlets, and individuals engaging in public discourse.
While the law significantly enhances protections for free speech and public participation, it does not prevent government entities from pursuing legitimate legal claims. The aim is to strike a balance between protecting free expression and allowing valid litigation to proceed.
Public sector clients should consult with MBM Law to ensure compliance and limit potential liability when dealing with matters involving public expression and potential litigation. Contact our legal team for answers and guidance.
