A bill for an act creating a special motion for expedited relief in actions involving the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, and including applicability provisions. (Formerly HSB 116.) Effective date: 07/01/2025. Applicability date: 07/01/2025.

Faster dismissal of lawsuits over public speech

For Iowa civil cases filed on or after July 1, 2025, parties can seek faster dismissal of claims targeting covered expression. Coverage includes communications in government proceedings or about issues those proceedings are considering. It also covers constitutional speech, press, assembly, petition, and association rights on matters of public concern. The request generally must be filed within 60 days after receiving the papers asserting the claim. Courts can allow later filing for good cause. Filing generally pauses proceedings between the parties through the ruling and the appeal deadline, with limited exceptions. Courts can allow evidence-gathering needed to decide the request, and some other motions can proceed. A hearing is due within 60 days after filing, unless needed evidence-gathering or good cause justifies delay. Allowed evidence-gathering must occur within 60 days after the court permits it. The court must rule within 60 days after the hearing. The requesting party must show the law covers the claim, and the opposing party can establish an exception. For covered claims without an exception, dismissal is required if the opposing party lacks initial evidence for every required element. Dismissal is also required if the claim is legally insufficient or undisputed material facts establish the requesting party must win. These dismissals bar refiling the claim. A winning requester must receive costs, reasonable lawyer fees, and litigation expenses. A winning opponent receives them only when the request was frivolous or filed solely to delay. Dropping a claim does not automatically prevent a ruling or cost award. A requester can appeal a full or partial denial within 30 days. Exclusions cover claims against government bodies or officials acting officially, certain government enforcement cases involving imminent health or safety threats, and certain seller-related communications. The seller exclusion does not treat creating, sharing, showing, or advertising artistic, journalistic, political, and similar works as goods or services.