UNIFORM PUBLIC EXPRESSION PROTECTION ACT – Adds to existing law to establish the Uniform Public Expression Protection Act.

Faster dismissal and fee risks for speakers

Beginning January 1, 2026, Idaho gives defendants a faster way to challenge lawsuits over protected public expression. The law covers civil actions filed or claims asserted on or after that date, not earlier claims. It covers speech in or about government proceedings and constitutional expression on matters of public concern. It excludes suits by or against government units or officials acting officially, and government enforcement against imminent public-health or safety threats. Certain sales or lease communications by sellers are also excluded, but creative, political, journalistic, and artistic works retain coverage. Defendants generally have 60 days after service to request dismissal; judges can allow more time for good cause. Filing usually pauses the case, including discovery, through the ruling and any appeal. Courts allow limited discovery only when needed for the responding party's required showing and the information is otherwise unavailable. Hearings are due within 60 days after filing, subject to allowed discovery or good-cause delays. When discovery is allowed, the hearing is due within 60 days after permission is granted. Rulings are due within 60 days after the hearing unless extended for good cause. Courts must permanently dismiss covered claims when the defendant shows the claimant cannot establish initial evidence supporting liability. Dismissal is also required when the defendant shows the claim is legally insufficient or undisputed facts entitle the defendant to judgment. Defendants have 42 days after entry of a denial to appeal. A defendant who wins the motion must receive court costs, reasonable lawyer fees, and reasonable related litigation expenses. A responding party who wins receives an award only when the motion was frivolous or filed solely to delay proceedings. Requests for these awards are not paused, and the law sets no dollar amount.