On January 8, 2025, Governor Mike DeWine signed the unanimously passed Senate Bill 237, also known as the Uniform Public Expression Protection Act (UPEPA), into law. UPEPA is designed to protect individuals’ constitutional rights to free speech by fighting back against “Strategic Lawsuit Against Public Participation” (SLAPP) civil actions. The law will go into effect on April 9, 2025 as Ohio Revised Code Chapter 2747.
What is a SLAPP Action?
According to the American Civil Liberties Union of Ohio, “a SLAPP [action is] filed against people or organizations who speak out on issues of public interest or concern.” These actions “are usually disguised as ordinary civil claims such as defamation [(libel or slander)], invasion of privacy, interference with contract and/or economic advantage” and are aimed at silencing opposing views.
As Ohio State Senators Theresa Gavarone (R) and Nathan Manning (R) explained, these “lawsuits send a message to potential critics that those who speak out will face stress, time commitments, and expensive legal bills . . . that many defendants cannot endure.”
A World With SLAPP
To understand just how frivolous SLAPP actions can be, one can look to the lawsuit involving Oprah Winfrey and the Texas cattle industry. On her talk show, Oprah had a segment discussing mad cow disease and declared that her conversation “has just stopped me cold from eating another burger. I’m stopped.”
This episode and her comments infuriated the Texas cattle industry so much that it sued Oprah for her “defamatory” comments. Oprah refused to settle, and the case went to trial. With the help of her legal team and even Phil McGraw, aka Dr. Phil, Oprah prevailed. As she told the crowd outside the courthouse, “I believed from the beginning this was an attempt to muzzle that voice . . . and I refuse to be muzzled.”
Oprah’s case demonstrates the importance of having protections against SLAPP actions. While Oprah has the finances to defend herself from a SLAPP, most Americans could discourage from speaking out on legitimate public issues for fear of being sued in a SLAPP case.
How Will UPEPA Protect Me from SLAPP?
Some might be wondering exactly how UPEPA will protect them from being silenced. Among other things, UPEPA applies to claims based on one’s freedom of speech rights. Under this law, a party defending a potential SLAPP can file a motion for expedited relief with the judge to determine if the claims are protected or not. With some specific exceptions, this motion will stay (i.e., pause) the lawsuit. The judge can then rule on the motion early in the litigation process. And if the judge finds that the claims were improper, then the judge must award the defending party its attorney fees. In short, UPEPA allows for the dismissal of a lawsuit much sooner.
What Does This Mean?
For our readers, the takeaways are:
- Ohio now has more protections in place to prevent people’s opinions on public issues from being silenced.
- UPEPA should help save time, money, and stress by allowing courts to dismiss frivolous SLAPP actions much earlier in the litigation process.
