Idaho Legislature Adopts Free Speech Protections Of The Uniform Public Expression Protection Act

Idaho Legislature Passes the Uniform Public Expression Protection Act (UPEPA)

In a resounding show of bipartisan support, the Idaho legislature has overwhelmingly approved the Idaho Uniform Public Expression Protection Act, commonly referred to as UPEPA. The Senate voted 32-1-2 in favor, while the House unanimously approved the bill with a vote of 70-0-0. This significant legislation now moves to Governor Brad Little’s desk for signature. Once signed, UPEPA will officially become law, although it will not take effect until January 1, 2026.

UPEPA Gains Momentum Nationwide

With Idaho’s adoption, UPEPA is now the law in ten states, and if Oregon is included, that number rises to eleven. This marks a substantial milestone as UPEPA now represents nearly one-third of all Anti-SLAPP statutes across the United States. The legislation, found in Idaho SB1001, is notable for its clean and uniform enactment, aligning closely with the model Uniform Public Expression Protection Act without major deviations. The inclusion of minor procedural references to Idaho-specific statutes is a standard practice and expected in such enactments.

A Significant Step Forward for Free Speech in Idaho

Prior to the passage of UPEPA, Idaho lacked any Anti-SLAPP legislation, leaving its citizens without robust protections against frivolous lawsuits aimed at silencing free expression. This enactment highlights the effectiveness of UPEPA as a Uniform Laws Committee initiative, bringing essential Anti-SLAPP protections to states that previously had none. This development mirrors recent progress in Ohio, where UPEPA was enacted earlier this year, demonstrating the growing recognition of the need for such safeguards nationwide.

Understanding Anti-SLAPP Laws and Their Importance

For those unfamiliar, Anti-SLAPP laws, including UPEPA, are designed to combat Strategic Lawsuits Against Public Participation (SLAPPs). These lawsuits are often filed with the intent to harass, intimidate, or silence individuals or organizations exercising their right to free speech. UPEPA achieves this by streamlining the legal process, allowing for early dismissal of such frivolous cases through a summary judgment procedure at the outset, rather than after prolonged litigation. This approach prevents abusive litigants from using the legal system as a tool for retaliation or censorship.

A Victory for Free Expression in Idaho

The passage of UPEPA in Idaho is a clear victory for the state’s citizens, ensuring that their rights to free speech and expression are safeguarded against meritless lawsuits. This legislation not only aligns Idaho with a growing number of states committed to protecting these rights but also sends a strong message about the importance of maintaining an open and resilient marketplace of ideas.

Looking Ahead

As Governor Brad Little prepares to sign UPEPA into law, Idaho joins a growing coalition of states that prioritize the protection of free speech. With the law set to take effect in January 2026, Idahoans can look forward to enhanced legal safeguards against abusive litigation. This milestone underscores the continued momentum of the UPEPA movement nationwide, offering hope for further progress in states that have yet to adopt such protections. Congratulations to the citizens of Idaho on this significant advancement in preserving their fundamental rights.