Maine will be implementing the Uniform Public Expression Protection Act (UPEPA) effective January 1, 2025. This act will replace the previous Anti-SLAPP Act in Maine and provide stronger protection for free speech. The UPEPA aims to allow individuals who have been sued for exercising their free speech rights to seek early dismissal of the lawsuit, saving them costs and stress. Anti-SLAPP laws like UPEPA are designed to move the summary judgment motion to the start of the case, rather than at the end of discovery.
By adopting uniform legislation, states may make adjustments to address specific concerns, resulting in non-uniform provisions. Maine has made minimal adjustments to the UPEPA, adding provisions to expand the act’s protections. The state’s adoption of the UPEPA appears to be one of the cleanest so far, with little alteration to the original text. The legislative year of 2024 may see more states adopting the UPEPA, as about 10 other states are considering this uniform act.
In addition to Maine, states such as Hawaii, Kentucky, New Jersey, Utah, and Washington have already adopted the UPEPA. Oregon has modified its own Anti-SLAPP statute to align with the UPEPA. States like California, Texas, and New York have their own Anti-SLAPP laws pre-dating the UPEPA that function similarly but do not offer the benefit of uniform interpretation. The UPEPA is fulfilling its intended purpose of providing modern and state-of-the-art Anti-SLAPP laws for states without such statutes and upgrading existing laws in other states.
Overall, the UPEPA is expanding protection for free speech rights in Maine and other states, offering a more efficient and cost-effective way for individuals to defend against abusive lawsuits targeting their speech. The adoption of the UPEPA by multiple states signifies a growing recognition of the importance of protecting free expression in today’s society. With more states likely to follow suit in adopting the UPEPA, the landscape of free speech protection in the United States is evolving to meet the needs of individuals exercising their First Amendment rights.
