MontanaHB 29269th Legislature, Regular Session (2025)House

Establish the uniform public expression protection act

Sponsored By: Tom Millett (Republican)

Became Law

Civil Procedure

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Bill Overview

Analyzed Economic Effects

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

Case is paused during dismissal motion

Filing the special motion pauses other parts of the case between the parties, including discovery and hearings. The pause lasts until the court rules and the appeal time ends; if there is an appeal, the whole case stays paused until it finishes. The court can still hear unrelated motions for good cause and can hear urgent injunctions to address an imminent public health or safety threat. During the pause, the court allows only narrow discovery needed to meet the motion’s legal burdens, and fee motions are not paused. Protection-order cases continue on normal timelines.

Faster dismissal of suits over public speech

If you are sued over covered speech, you can file a special motion to dismiss within 60 days of being served, or later for good cause. The court must hold a hearing within 60 days (or after limited discovery if allowed) and must rule within 60 days after the hearing. The court considers the pleadings and evidence like a summary-judgment decision. If the law applies and the other side cannot make a basic case, the court dismisses the claim with prejudice. If you win the motion, the court must award your costs, reasonable attorney fees, and related expenses; if your motion is frivolous or only to delay, the other side gets those costs. A voluntary dismissal with prejudice counts as a win for fee awards, and a without-prejudice dismissal does not block you from seeking a ruling. If your motion is denied, you can appeal within 30 days (private parties) or 60 days (if the U.S., Montana, or a local government is a party).

Which speech cases get protection

This law protects people sued over public speech tied to government matters. It covers statements made in court, legislative, executive, or administrative proceedings, and speech on issues those bodies are reviewing. It does not cover claims against government units or officials acting in their jobs, urgent government enforcement to stop an imminent public health or safety threat, or speech tied to selling or leasing goods or services. Creative, journalistic, political, and artistic works are not treated as sales for that exclusion.

Courts favor free speech, law applies now

Courts must read this law broadly to protect free speech, the press, assembly, petition, and association. Courts should aim for uniform decisions with other states that adopt the same act. The law is part of Title 27. It takes effect on passage and applies to cases or claims filed on or after that date. Lawsuits filed before that date keep the old rules.

Sponsors & Cosponsors

Sponsor

  • Tom Millett

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 588 • No: 2

House vote 4/15/2025

Do Concur

Yes: 96 • No: 1

House vote 4/14/2025

Do Concur

Yes: 96 • No: 0

House vote 4/2/2025

Do Concur

Yes: 50 • No: 0

House vote 4/1/2025

Do Concur

Yes: 49 • No: 1

House vote 2/13/2025

Do Pass

Yes: 99 • No: 0

House vote 2/11/2025

AMD-HB0292.001.001 Millett DO PASS

Yes: 99 • No: 0

House vote 2/11/2025

Do Pass As Amended

Yes: 99 • No: 0

Actions Timeline

  1. Chapter Number Assigned

    5/5/2025House
  2. Signed by Governor

    5/1/2025House
  3. Transmitted to Governor

    4/22/2025House
  4. Signed by President

    4/22/2025Senate
  5. Signed by Speaker

    4/18/2025House
  6. Returned from Enrolling

    4/15/2025House
  7. Sent to Enrolling

    4/15/2025House
  8. 3rd Reading Passed as Amended by Senate

    4/15/2025House
  9. 2nd Reading Senate Amendments Concurred

    4/14/2025House
  10. Returned to House with Amendments

    4/2/2025Senate
  11. 3rd Reading Concurred

    4/2/2025Senate
  12. 2nd Reading Concurred

    4/1/2025Senate
  13. Committee Report--Bill Concurred as Amended

    3/25/2025Senate
  14. Committee Executive Action--Bill Concurred as Amended

    3/25/2025Senate
  15. Hearing

    3/18/2025Senate
  16. Referred to Committee

    2/14/2025Senate
  17. Transmitted to Senate

    2/14/2025House
  18. 3rd Reading Passed

    2/13/2025House
  19. 2nd Reading Passed as Amended

    2/11/2025House
  20. 2nd Reading Motion to Amend Carried

    2/11/2025House
  21. Committee Report--Bill Passed

    2/6/2025House
  22. Committee Executive Action--Bill Passed

    2/6/2025House
  23. Hearing

    1/28/2025House
  24. First Reading

    1/23/2025House
  25. Referred to Committee

    1/23/2025House

Bill Text

  • Enrolled

    4/15/2025

  • As Amended (Version 3)

    3/25/2025

  • As Amended (Version 2)

    2/11/2025

  • Introduced

    1/22/2025

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