DelawareSB 80 w/ HA 2153rd General Assembly (2024–2026)Senate

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

Sponsored By: Spiros Mantzavinos (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Fast dismissal for speech-based suits

If you are sued over covered speech, you can file a special motion to dismiss within 60 days of being served; later with good cause. Filing the motion pauses other proceedings and discovery until the court rules, with limited discovery allowed for needed facts; unrelated motions and emergency health or safety injunctions can still be heard, and fee motions are not paused. The court must hold a hearing within 60 days (or after allowed discovery) and decide within 60 days after the hearing. The judge may consider summary‑judgment‑type evidence and must dismiss with prejudice if the law applies and the plaintiff cannot make a basic case, fails to state a claim, or there is no real factual dispute. If the court denies the motion, you can appeal as of right within 10 days.

Attorney fees for bad-faith suits

If you win the special motion, the court must award your court costs, reasonable attorney fees, and litigation expenses. If the other side wins and your motion was frivolous or only to delay, you may have to pay their costs and fees. If the court finds they sued to harass or punish you for your speech, it can also award punitive damages to you. If they drop the claim without prejudice, you can still get a ruling and seek fees; if they drop it with prejudice, you count as the winner for fees.

Who this speech-protection law covers

The law protects people sued over speech in or about government proceedings, or other public-issue speech. It does not cover suits against the government or its officials. It also does not cover government actions to stop an imminent health or safety threat, or communications tied to selling or leasing goods or services. “Goods or services” does not include making or advertising arts or journalism. Courts read it broadly to protect speech, aim for uniform results with other states, and it applies to cases filed on or after the effective date; older cases stay under the prior anti‑SLAPP rules.

Sponsors & Cosponsors

Sponsor

Spiros Mantzavinos
Democratic • Senate

Cosponsors

Frank Burns
Democratic • House
Daniel B. Short
Republican • House
Mara Gorman
Democratic • House
Krista Griffith
Democratic • House
Russell Huxtable
Democratic • Senate
Brian Pettyjohn
Republican • Senate
Cyndie Romer
Democratic • House
David P. Sokola
Democratic • Senate
Bryan Townsend
Democratic • Senate
John "Jack" Walsh
Democratic • Senate
David L. Wilson
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 79 • No: 0

Senate vote • 6/26/2025

Passed (2/3 required)

Yes: 21 • No: 0

House vote • 6/26/2025

Passed (SM required)

Yes: 38 • No: 0

Senate vote • 5/14/2025