AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE UNIFORM PUBLIC EXPRESSION PROTECTION ACT.

Speech lawsuits: new protections and costs

Delaware creates a process to seek early dismissal of civil claims over protected public expression. It covers communications in or about government proceedings, including issues under review. It also covers constitutional rights to speech, press, assembly, petition, and association on matters of public concern. Individuals, businesses, nonprofits, and other legal entities can use these protections. Defendants generally have 60 days after receiving the complaint to request dismissal of all or part of a claim. Courts can allow later requests for good cause. Filing generally pauses other proceedings between the parties through the ruling and appeal deadline, and through any appeal, with limited exceptions. Courts can pause related hearings or discovery. Limited discovery is allowed only when needed to establish a required showing and the information is not reasonably available elsewhere. Courts may award successful defendants costs, attorney fees, and expenses. They may also award punitive damages when a lawsuit is started or continued to harass or maliciously inhibit protected rights. The opposing party may receive costs when a dismissal request is frivolous or filed solely to delay. The law excludes claims against government bodies or employees acting officially, and government enforcement against imminent health or safety threats. It also excludes sales-related claims against people mainly selling or leasing goods or services. Creating, sharing, showing, advertising, or promoting dramatic, literary, musical, political, journalistic, or artistic works does not count as selling goods or services. Courts decide dismissal requests on the merits using pleadings and available evidence, and interpret the law broadly to protect these rights. The new rules apply to civil actions filed or claims asserted on or after the law’s effective date. Although the prior provisions are repealed, they continue to govern claims asserted before that date.