Michigan Enacts Anti-SLAPP Law

On December 23, 2025, Michigan became the 39th state to adopt an anti-SLAPP law through the enactment of House Bill 4045, referred to as the Uniform Public Expression Protection Act (UPEPA).  The UPEPA is designed to protect news media and individuals from meritless lawsuits— Strategic Litigation Against Public Participants (SLAPP) suits—meant to chill or punish speech on matters of public concern.

Before the UPEPA’s enactment, those defending SLAPP suits in Michigan had very little to no protection.  That is, defendants were required to incur significant expense and time to defend meritless lawsuits.  Defendants now have robust protections, and a fast track to dismiss SLAPP suits while saving significant costs. 

The UPEPA protects communications in a legislative, executive, judicial, administrative, or other governmental proceeding, and protects the “right of freedom of speech or of the press,” assembly, and petitions of matters of public concern. 

UPEPA Highlights

• Automatic Stay: Defendants can file a “special motion” to dismiss SLAPP suits within 60 days of being served.  The special motion stays the proceedings until the motion is decided.  This prevents defendants from having to engage in costly discovery.
• Dismissal with prejudice: After a special motion is filed, the plaintiff bears the burden in establishing they have a legally sufficient claim. The plaintiff’s failure to carry their burden results in dismissal of the action with prejudice.  Unlike motions to dismiss on the pleadings, the court is permitted to consider documentary evidence in deciding the special motion.
• Expedited Judicial Review: The court is required to hear the special motion within 60 days after it is filed, unless the court orders otherwise.
• Fee-shifting provision: To deter meritless SLAPP lawsuits, courts are now authorized to order plaintiffs who lose on the special motion to pay the defendant’s reasonable attorney fees.
• Right of Appeal: Defendants are allowed to immediately appeal a trial court’s denial of a special motion.
• Construed Broadly: Anti-SLAPP protections vary significantly from state to state, including how Courts are required to construe the law. Those that require a broader construction are, of course, more protective.  Michigan’s law requires courts to construe its provisions broadly to safeguard constitutional rights

Each of these key features affirms Michigan’s public policy favoring robust citizen participation in governmental processes and the exercise of constitutional rights.  The UPEPA applies to actions filed after the law went into effect on December 23, 2025.