Anaya Nolan
Idaho is one of the few states in the US without an anti-SLAPP (Strategic Lawsuit Against Public Participation) law. SLAPP lawsuits are used to suppress free speech through meritless defamation, privacy, or other nuisance claims. In the absence of an anti-SLAPP law, Idaho residents are vulnerable to frivolous litigation that can be used by wealthy individuals or entities to unfairly drain the resources of their less affluent opponents. However, there is a growing consensus among political opponents, lawmakers, and media experts that the state needs to enact anti-SLAPP legislation to protect its citizens' right to free speech.
| Characteristics | Values |
|---|---|
| Does Idaho have an anti-SLAPP law? | No, Idaho did not have an anti-SLAPP law as of 2023. |
| When will Idaho implement an anti-SLAPP law? | Idaho's governor signed the Uniform Public Expression Protection Act (UPEPA) into law in March 2025. The law will go into effect on January 1, 2026. |
| How does anti-SLAPP law work in Idaho? | To get a SLAPP dismissed, the defendant must establish that their speech is covered by the Act's scope, and the plaintiff must fail to prove otherwise. If the court denies the anti-SLAPP motion, the defendant may appeal within 30 days. |
| What are SLAPP lawsuits? | Strategic Lawsuits Against Public Participation (SLAPP) are meritless lawsuits targeting free speech. |
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What You'll Learn
Idaho's Uniform Public Expression Protection Act (UPEPA)
UPEPA protects citizens' rights to free speech, press, assembly, petition, and association on matters of public concern. It applies to lawsuits based on an individual's communications in government proceedings or on issues under consideration by governmental bodies. The Act also provides exemptions for suits against government employees and entities acting in their official capacities, as well as suits related to public health and safety enforcement.
Under UPEPA, defendants have 60 days to file a special motion to dismiss a SLAPP. Upon filing, all proceedings, including discovery, are stayed, although the court may allow limited discovery on material issues. The court must hold a hearing on the motion within 60 days, unless delayed for discovery or other valid reasons. If the anti-SLAPP motion is denied, the defendant has the right to appeal within 30 days.
To get a SLAPP dismissed under UPEPA, the defendant must establish that their speech is covered by the Act, and the plaintiff must not be able to prove otherwise. The court will dismiss the case if the plaintiff fails to establish a prima facie case or if the defendant shows that the plaintiff has not stated a valid claim for relief. Idaho's UPEPA, created through Senate Bill 1001, will come into effect on January 1, 2026, making Idaho the eleventh state to adopt such legislation.
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Idaho Code § 6-3907(a)
Until recently, Idaho was one of only 18 US states without an anti-SLAPP law. SLAPP stands for Strategic Lawsuit Against Public Participation, which is a type of abusive litigation aimed at silencing free speech through meritless defamation, privacy, or other nuisance claims.
In March 2025, Idaho's governor signed into law a version of the Uniform Public Expression Protection Act (UPEPA), which will go into effect on January 1, 2026. The UPEPA is a model law drafted by the Uniform Law Commission to prevent SLAPP suits.
Under Idaho Code § 6-3907(a), once a defendant has established that their speech is covered by the Act's scope, and the plaintiff has failed to establish otherwise, the court will dismiss the case if one of the following two conditions is met:
- The plaintiff fails to establish a prima facie case as to each essential element of their claims.
- The defendant shows that the plaintiff has failed to state a claim upon which relief can be granted (applying the same standard used in a traditional motion to dismiss) or that there is no genuine issue of material fact, and the defendant is therefore entitled to judgment as a matter of law (the same standard used in a traditional motion for summary judgment to resolve claims before trial).
If the court denies an anti-SLAPP motion, the defendant may appeal the decision within 30 days.
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Idaho's Senate Bill 1001
Senate Bill 1001 is specifically designed to combat Strategic Lawsuits Against Public Participation (SLAPPs), which are frivolous or meritless lawsuits intended to harass and intimidate critics into silence. SLAPPs are often used by wealthy individuals or entities to drain the resources of their less affluent opponents through invasive discovery processes, mandatory court appearances, and mounting legal fees.
The new law applies to lawsuits based on an individual's exercise of speech, press, assembly, petition, or association rights on matters of public concern. It also covers communications made in a government proceeding or on issues under consideration by governmental bodies. Defendants in potential SLAPP lawsuits can file an anti-SLAPP motion in court, which can lead to a quick dismissal of the case if certain conditions are met.
Idaho's anti-SLAPP law exempts suits against government employees and entities acting in their official capacities, suits brought by the government to enforce public health or safety measures, and suits against businesses selling or leasing goods or services if the communications are related to that business. Defendants have 60 days after a claim is brought to file a special motion to dismiss, and the court must hold a hearing on the motion within 60 days of the filing, unless a delay is permitted for discovery or other good cause.
The passage of Senate Bill 1001 reflects a growing national recognition of the importance of protecting citizens' right to free speech and public participation from abusive litigation tactics. The bill received bipartisan support in the Idaho House of Representatives, demonstrating a unified effort to enhance free speech protections for all Idaho citizens.
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Idaho's lack of statutory mechanism
Idaho has long been one of the few states without an anti-SLAPP law, leaving its citizens vulnerable to frivolous lawsuits aimed at stifling free speech. SLAPP, or Strategic Lawsuit Against Public Participation, is a legal tactic used to intimidate and silence critics by burdening them with costly and time-consuming litigation. In the absence of an anti-SLAPP statute, Idaho residents have lacked a crucial mechanism to protect their freedom of expression.
The lack of an anti-SLAPP law in Idaho has had significant implications for free speech and open discourse in the state. Without statutory protection, individuals and organizations have been susceptible to meritless defamation suits and nuisance claims intended to suppress their speech. This situation has allowed wealthy and powerful entities to exploit the legal system, draining the resources of their less affluent opponents and creating a chilling effect on public participation and free expression.
Recognizing the urgency of the situation, political opponents in Idaho have united in calling for the enactment of an anti-SLAPP statute. In November 2023, Senator Brian Lenney announced his intention to draft and introduce comprehensive anti-SLAPP legislation in the upcoming legislative session. This bipartisan effort reflects a growing consensus among Idahoans that their state can no longer lag in safeguarding the speech rights of its citizens.
The proposed anti-SLAPP law in Idaho aims to establish a robust framework to address and deter SLAPP suits. By adopting the Uniform Public Expression Protection Act (UPEPA), Idaho would join a growing number of states in providing critical protections for free speech. UPEPA, drafted by the Uniform Law Commission, is a model statute designed to prevent abusive litigation targeting public participation and expression. It offers a comprehensive approach to combating SLAPP suits, including provisions for quick dismissal of meritless claims and minimizing litigation costs for defendants.
In conclusion, Idaho's lack of statutory mechanism to counter SLAPP suits has historically left its citizens vulnerable to frivolous litigation and infringed upon their freedom of speech. However, with the impending introduction of anti-SLAPP legislation, there is a promising outlook for enhancing free expression and safeguarding Idahoans from abusive legal tactics. The state is poised to join the national trend toward stronger protections for public participation and the fundamental right to speak without fear.
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Idaho's need for anti-SLAPP legislation
Idaho recently joined the growing national movement to protect citizens from frivolous lawsuits designed to silence public expression. Idaho's governor signed into law an anti-SLAPP law in March 2025, which will come into effect on January 1, 2026. This law, created through Senate Bill 1001, is designed to combat Strategic Lawsuits Against Public Participation (SLAPPs). Idaho is now the 36th state to enact such safeguards, leaving only 15 states without anti-SLAPP protections.
The new statute provides crucial protections for victims of SLAPP lawsuits, which are often used by wealthy individuals or organizations to intimidate and silence critics. These lawsuits unfairly drain the resources of their less affluent opponents through lengthy and expensive litigation. Idaho's anti-SLAPP law allows individuals targeted by potential SLAPP lawsuits to file an anti-SLAPP motion in court. This motion freezes the case and allows a judge to quickly dismiss any lawsuit deemed frivolous. If the judge decides the lawsuit is not frivolous, the case will resume as normal. The law also lets the winning party recover attorney fees.
The Idaho anti-SLAPP law is modelled after the Uniform Public Expression Protection Act (UPEPA), drafted by the Uniform Law Commission as a model law to prevent abusive litigation in the form of SLAPP lawsuits. UPEPA emphasizes the protection of free speech in all its forms, including protests and publications. Idaho's law applies to suits based on a person's exercise of speech, press, assembly, petition, or association rights "on a matter of public concern." It also covers lawsuits based on communications in a government proceeding or on an issue under consideration by a government body.
The implementation of this law is a significant victory for free speech rights in Idaho, ensuring that free speech is not reserved for the wealthy. It strengthens the state's commitment to protecting citizens' right to free expression on matters of public concern.
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Frequently asked questions
No, Idaho is one of the few states without an anti-SLAPP law.
Anti-SLAPP laws provide protection against Strategic Lawsuits against Public Participation (SLAPP) that are meant to attack free speech.
Idaho Senator Brian Lenney has said he intends to draft and introduce anti-SLAPP legislation in the next legislative session.
Idaho needs an anti-SLAPP law to protect its citizens from frivolous lawsuits that are meant to suppress free speech.
