Freedom of Speech Legal Update: Michigan Legislature Passes Uniform Public Expression Protection Act
The Michigan Legislature has taken a major step to protect free speech rights by passing House Bill 4045, which enacts the Uniform Public Expression Protection Act. The Act is a statewide anti-SLAPP law designed to curb abusive lawsuits intended to chill public participation and expression.
What is a SLAPP suit? Lawyers refer to a lawsuit intended to intimidate, burden, or silence free speech by forcing speakers into costly, time-consuming legal battles as “SLAPP” lawsuits. “SLAPP” stands for '“Strategic Lawsuit Against Public Participation.” For example, a SLAPP suit might look like a defamation case filed against an individual who criticized or exposed the wrongdoing of a public figure. These suits often target individuals or smaller entities speaking out on matters of public concern against more powerful plaintiffs with more resources, and are intended to silence free speech. More than 30 other states have codified anti-SLAPP laws to protect free speech. The Uniform Public Expression Protection Act is Michigan’s first anti-SLAPP law.
House Bill 4045 codifies Michigan’s public policy to:
Encourage robust participation in public discourse and government processes.
Protect individuals and entities from meritless lawsuits that threaten the exercise of speech, press, petition, and association rights.
Provide procedural tools for courts and defendants to promptly dispose of abusive claims.
Under the new Uniform Public Expression Protection Act:
A defendant can file a special motion for expedited relief soon after being sued on an “eligible cause of action.” If successful, the claim (or part of it) can be dismissed before costly litigation and discovery begin.
Once such a motion is filed, the court generally stays all other proceedings—including discovery and other hearings—until the motion is resolved.
Courts must rule on the motion quickly (typically within 60 days of a hearing), and there are appeal rights if the motion is denied.
Courts are directed to consider only limited evidence—focused on whether the speech-related claim qualifies and whether it has legal merit—before ruling.
Claims qualify for the anti-SLAPP expedited review if they are based on communications made in governmental proceedings (legislative, administrative, judicial, etc.) or the exercise of fundamental rights like free speech, free press, assembly, petition, or association on matters of public interest.
The Act excludes certain claims from this expedited pathway, such as lawsuits related to employment and civil rights statutes (e.g., civil rights acts, disability rights, whistleblower protection) and some labor and federal statutory claims. These exceptions ensure that Michiganders can still bring claims for discrimination in employment and violations of their civil rights. AMG Legal specializes in such employment and civil rights claims.
The bill also includes certain cost-shifting provisions, meaning that parties can potentially be on the hook for the other side’s costs of litigation and attorneys’ fees if they file a case that qualifies for dismissal under the Act.
HB 4045 was introduced in early 2025 and has garnered significant legislative support, passing the House overwhelmingly and advancing through the Senate without amendment in late 2025. It has been enrolled and is poised for final action.
What This Means for You
The new law protects Michiganders’ right to freedom of speech. For too long, Michigan’s lack of anti-SLAPP protections have allowed people to be subjected to costly, time-consuming, and emotionally draining litigation just for exercising their right to free speech. For lawyers and litigants in Michigan, this law provides a powerful new procedural tool to combat abusive litigation tactics. Defendants in speech-related suits can seek early dismissal and pause discovery before attorneys’ fees start piling up. Plaintiffs should consider whether their causes of action fall within or outside the Act’s scope before filing. And costs exposure for SLAPP plaintiffs has increased significantly, particularly where claims lack substantive merit.
The enactment of the Uniform Public Expression Protection Act offers increased clarity and support for free expression in public discourse.
If you need help interpreting how this law might apply to your case — or want tailored guidance on defending your freedom of speech against a SLAPP-type claim — our firm is here to help. Contact AMG Legal today for a consultation.
This blog is for informational purposes only and does not constitute legal advice.