Civil Actions - Maryland Uniform Public Expression Protection Act

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0251*

SENATE BILL 251
D3 6lr1916
CF 6lr1917
By: Senators Love and Hettleman
Introduced and read first time: January 16, 2026
Assigned to: Judicial Proceedings

A BILL ENTITLED

AN ACT concerning 1

Civil Actions – Maryland Uniform Public Expression Protection Act 2

FOR the purpose of repealing a certain provision relating to strategic lawsuits against 3
public participation; authorizing a person served with a pleading asserting a certain 4
cause of action based on the person’s communication related to a governmental 5
proceeding or exercise of certain constitutional rights to file a special motion for 6
expedited relief to dismiss the cause of action; and generally relating to civil actions 7
and public expression. 8

BY repealing 9
Article – Courts and Judicial Proceedings 10
Section 5–807 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2025 Supplement) 13

BY adding to 14
Article – Courts and Judicial Proceedings 15
Section 5–1301 through 5–1313 to be under the new subtitle “Subtitle 13. Maryland 16
Uniform Public Expression Protection Act” 17
Annotated Code of Maryland 18
(2020 Replacement Volume and 2025 Supplement) 19

BY renumbering 20
Article – Courts and Judicial Proceedings 21
Section 5–808 22
to be Section 5–807 23
Annotated Code of Maryland 24
(2020 Replacement Volume and 2025 Supplement) 25

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27
2 SENATE BILL 251

Article – Courts and Judicial Proceedings 1

[5–807. 2

(a) In this section, “SLAPP suit” means a strategic lawsuit against public 3
participation. 4

(b) A lawsuit is a SLAPP suit if it is: 5

(1) Brought in bad faith against a party who has communicated with a 6
federal, State, or local government body or the public at large to report on, comment on, 7
rule on, challenge, oppose, or in any other way exercise rights under the First Amendment 8
of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration 9
of Rights regarding any matter within the authority of a government body or any issue of 10
public concern; 11

(2) Materially related to the defendant’s communication; and 12

(3) Intended to inhibit or inhibits the exercise of rights under the First 13
Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland 14
Declaration of Rights. 15

(c) A defendant in a SLAPP suit is not civilly liable for communicating with a 16
federal, State, or local government body or the public at large, if the defendant, wit hout 17
constitutional malice, reports on, comments on, rules on, challenges, opposes, or in any 18
other way exercises rights under the First Amendment of the U.S. Constitution or Article 19
10, Article 13, or Article 40 of the Maryland Declaration of Rights regar ding any matter 20
within the authority of a government body or any issue of public concern. 21

(d) A defendant in an alleged SLAPP suit may move to: 22

(1) Dismiss the alleged SLAPP suit, in which case the court shall hold a 23
hearing on the motion to dismiss as soon as practicable; or 24

(2) Stay all court proceedings until the matter about which the defendant 25
communicated to the government body or the public at large is resolved. 26

(e) This section: 27

(1) Is applicable to SLAPP suits notwithstanding any other law or rule; and 28

(2) Does not diminish any equitable or legal right or remedy otherwise 29
available to a defendant in a SLAPP suit.] 30

SUBTITLE 13. MARYLAND UNIFORM PUBLIC EXPRESSION PROTECTION ACT. 31

SENATE BILL 251 3

5–1301. 1

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3

(B) “GOODS OR SERVICES ” DOES NOT INCLUDE THE CREATION, 4
DISSEMINATION, EXHIBITION, OR ADVERTISEMENT OR SIMILAR PROMOTION OF A 5
DRAMATIC, LITERARY, MUSICAL, POLITICAL, JOURNALISTIC, OR ARTISTIC WORK. 6

(C) “GOVERNMENTAL UNIT ” MEANS A PUBLIC CORPO RATION OR A 7
GOVERNMENT OR GOVERNMENTAL SUBDIVISION, AGENCY, OR INSTRUMENTALITY. 8

(D) “PERSON” MEANS AN INDIVIDUAL , AN ESTATE, A TRUST, A 9
PARTNERSHIP, A BUSINESS OR NONPROFIT ENTITY, A GOVERNMENTAL UNIT, OR ANY 10
OTHER LEGAL ENTITY. 11

5–1302. 12

(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THIS 13
SUBTITLE APPLIES TO A CAUSE OF ACTION ASSERTED IN A CIVIL ACTION AGAINST A 14
PERSON BASED ON THE PERSON’S: 15

(1) COMMUNICATION IN A LE GISLATIVE, EXECUTIVE, JUDICIAL, 16
ADMINISTRATIVE, OR OTHER GOVERNMENTAL PROCEEDING; 17

(2) COMMUNICATION ON AN I SSUE UNDER CONSIDERA TION OR 18
REVIEW IN A LEGISLAT IVE, EXECUTIVE, JUDICIAL, ADMINISTRATIVE, OR OTHER 19
GOVERNMENTAL PROCEEDING; OR 20

(3) EXERCISE OF THE RIGHT OF FREEDOM OF SPEECH OR OF THE 21
PRESS, THE RIGHT TO ASSEMBL E OR PETITION , OR THE RIGHT OF ASSO CIATION, 22
GUARANTEED BY THE UNITED STATES CONSTITUTION, THE MARYLAND 23
CONSTITUTION, OR THE MARYLAND DECLARATION OF RIGHTS, ON A MATTER OF 24
PUBLIC CONCERN. 25

(B) THIS SUBTITLE DOES NOT APPLY TO A CAUSE OF ACTION ASSERTED: 26

(1) AGAINST A GOVERNMENTAL UNIT OR AN EMPLOYEE OR AGENT OF 27
A GOVERNMENTAL UNIT ACTING OR PURPORTING TO ACT IN AN OFFICIAL CAPACITY; 28

(2) BY A GOVERNMENTAL UNI T OR AN EMPLOYEE OR AGENT OF A 29
GOVERNMENTAL UNIT AC TING IN AN OFFICIAL CAPAC ITY TO ENFORCE A LAW TO 30
PROTECT AGAINST AN IMMINENT THREAT TO PUBLIC HEALTH OR SAFETY; OR 31
4 SENATE BILL 251

(3) AGAINST A PERSON PRIM ARILY ENGAGED IN THE BUSINESS OF 1
SELLING OR LEASING GOODS OR SERVICES IF THE CAUSE OF ACTION ARISES OUT OF 2
A COMMUNICATION RELATED TO THE PERSON’S SALE OR LEASE OF T HE GOODS OR 3
SERVICES. 4

5–1303. 5

NOT LATER THAN 60 DAYS AFTER A PARTY I S SERVED WITH A COMP LAINT, 6
PETITION, CROSSCLAIM, COUNTERCLAIM, THIRD–PARTY CLAIM , OR OTHER 7
PLEADING THAT ASSERTS A CAUSE OF ACTIO N TO WHICH THIS SUBT ITLE APPLIES, 8
OR AT A LATER TIME O N A SHOWING OF GOOD CAUSE, THE PARTY MAY FILE A 9
SPECIAL MOTION FOR E XPEDITED RELIEF TO D ISMISS THE CAUSE OF ACTION OR 10
PART OF THE CAUSE OF ACTION. 11

5–1304. 12

(A) EXCEPT AS PROVIDED IN SUBSECTIONS (D) THROUGH (G) OF THIS 13
SECTION, ON THE FILING OF A MOTION UNDER § 5–1303 OF THIS SUBTITLE: 14

(1) ALL OTHER PROCEEDINGS BETWEEN THE MOVING P ARTY AND 15
RESPONDING PARTY , INCLUDING DISCOVERY AND A NY PENDING HEARING OR 16
MOTION, ARE STAYED; AND 17

(2) ON MOTION BY THE MOVI NG PARTY , THE COURT MAY STAY A 18
HEARING OR MOTION IN VOLVING ANOTHER PART Y, OR DISCOVERY BY ANOT HER 19
PARTY, IF THE HEARING OR RULING ON THE MOTION WOULD ADJUDICATE, OR THE 20
DISCOVERY WOULD RELA TE TO , AN ISSUE MATERIAL TO THE MOTION UNDER § 21
5–1303 OF THIS SUBTITLE. 22

(B) A STAY UNDER SUBSECTION (A) OF THIS SECTION REMA INS IN EFFECT 23
UNTIL ENTRY OF AN OR DER RULING ON THE MO TION UNDER § 5–1303 OF THIS 24
SUBTITLE AND EXPIRATION OF THE TIME UNDER § 5–1309 OF THIS SUBTITLE FOR 25
THE MOVING PARTY TO APPEAL THE ORDER. 26

(C) (1) EXCEPT AS PROVIDED IN SUBSECTIONS (E), (F), AND (G) OF THIS 27
SECTION, IF A PARTY APPEALS FR OM AN ORDER RULING ON A MOTION U NDER § 28
5–1303 OF THIS SUBTITLE , ALL PROCEEDINGS BETW EEN ALL PARTIES IN T HE 29
ACTION ARE STAYED. 30

(2) A STAY UNDER PARAGRAPH (1) OF THIS SUBSECTION REMAINS IN 31
EFFECT UNTIL THE CONCLUSION OF THE APPEAL. 32

SENATE BILL 251 5

(D) DURING A STAY UNDER SUBSECTION (A) OF THIS SECTION, THE COURT 1
MAY ALLOW LIMITED DISCOVERY IF: 2

(1) A PARTY SHOWS THAT SPECIFIC INFORMATION IS NECESSARY TO 3
ESTABLISH WHETHER A PARTY HAS SATISFIED OR FAILED TO SATISFY A BURDEN 4
UNDER § 5–1307(A) OF THIS SUBTITLE; AND 5

(2) THE INFORMATION IS NO T REASONABLY AVAILAB LE UNLESS 6
DISCOVERY IS ALLOWED. 7

(E) A MOTION UNDER § 5–1310 OF THIS SUBTITLE FOR COSTS, ATTORNEY’S 8
FEES, AND EXPENSES IS NOT SUBJECT TO A STAY UNDER THIS SECTION. 9

(F) A STAY UNDER THIS SECTION DOES NOT AFFECT A PARTY’S ABILITY TO: 10

(1) VOLUNTARILY DISMISS A CAUSE OF ACTION OR PART OF A CAUSE 11
OF ACTION; OR 12

(2) MOVE TO SEVER A CAUSE OF ACTION. 13

(G) DURING A STAY UNDER T HIS SECTION, THE COURT FOR GOOD C AUSE 14
SHOWN MAY HEAR AND RULE ON: 15

(1) A MOTION UNRELATED TO THE MOTION UNDER § 5–1303 OF THIS 16
SUBTITLE; OR 17

(2) A MOTION SEEKING A SPECIAL OR PRELIMINARY INJUNCTION TO 18
PROTECT AGAINST AN IMMINENT THREAT TO PUBLIC HEALTH OR SAFETY. 19

5–1305. 20

(A) THE COURT SHALL HEAR A MOTION UNDER § 5–1303 OF THIS SUBTITLE 21
NOT LATER THAN 60 DAYS AFTER THE FILING OF THE MOTION, UNLESS THE COURT 22
ORDERS A LATER HEARING: 23

(1) TO ALLOW DISCOVERY UNDER § 5–1304(D) OF THIS SUBTITLE; OR 24

(2) FOR OTHER GOOD CAUSE SHOWN. 25

(B) IF THE COURT ORDERS A LATER HEARING UNDER SUBSECTION (A)(1) OF 26
THIS SECTION , THE COURT SHALL HEAR THE MOTION UNDER § 5–1303 OF THIS 27
SUBTITLE NOT LATER T HAN 60 DAYS AFTER THE COURT ORDER ALL OWING THE 28
6 SENATE BILL 251

DISCOVERY, UNLESS THE COURT ORD ERS A LATER HEARING UNDER SUBSECTION 1
(A)(2) OF THIS SECTION. 2

5–1306. 3

IN RULING ON A MOTION UNDER § 5–1303 OF THIS SUBTITLE , THE COURT 4
SHALL CONSIDER: 5

(1) THE PLEADINGS; 6

(2) THE MOTION; 7

(3) ANY REPLY OR RESPONSE TO THE MOTION; AND 8

(4) ANY EVIDENCE THAT COU LD BE CONSIDERED IN RULING ON A 9
MOTION FOR SUMMARY JUDGMENT IN ACCORDANCE WITH THE MARYLAND RULES. 10

5–1307. 11

(A) IN RULING ON A MOTION UNDER § 5–1303 OF THIS SUBTITLE , THE 12
COURT SHALL DISMISS WITH PREJUDICE A CAUSE OF ACTION OR A PART OF A CAUSE 13
OF ACTION IF: 14

(1) THE MOVING PARTY ESTA BLISHES UNDER § 5–1302(A) OF THIS 15
SUBTITLE THAT THIS SUBTITLE APPLIES; 16

(2) THE RESPONDING PARTY FAILS TO ESTABLISH U NDER § 17
5–1302(B) OF THIS SUBTITLE THAT THIS SUBTITLE DOES NOT APPLY; AND 18

(3) (I) THE RESPONDING PARTY FAILS TO ESTABLISH A PRIMA 19
FACIE CASE AS TO EACH ESSENTIAL ELEMENT OF THE CAUSE OF ACTION; OR 20

(II) THE MOVING PARTY ESTABLISHES THAT: 21

1. THE RESPONDING PARTY FAILED TO STATE A CA USE 22
OF ACTION UPON WHICH RELIEF CAN BE GRANTED; OR 23

2. THERE IS NO GENUINE I SSUE AS TO ANY MATER IAL 24
FACT AND THE MOVING PARTY IS ENTITLED TO JUDGMENT AS A MATTER OF LAW ON 25
THE CAUSE OF ACTION OR PART OF THE CAUSE OF ACTION. 26

(B) A VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF A RESPO NDING 27
PARTY’S CAUSE OF ACTION, OR PART OF A CAUSE OF ACTION, THAT IS THE SUBJECT 28
SENATE BILL 251 7

OF A MOTION UNDER § 5–1303 OF THIS SUBTITLE DOE S NOT AFFECT A MOVIN G 1
PARTY’S RIGHT TO OBTAIN A RULING ON THE MOTION AND SEEK COSTS, ATTORNEY’S 2
FEES, AND EXPENSES UNDER § 5–1310 OF THIS SUBTITLE. 3

(C) A VOLUNTARY DISMISSAL WITH PREJUDICE OF A RESPONDING PARTY’S 4
CAUSE OF ACTION , OR PART OF A CAUSE O F ACTION, THAT IS THE SUBJECT OF A 5
MOTION UNDER § 5–1303 OF THIS SUBTITLE ESTABLISHES FOR THE PURPOSE OF § 6
5–1310 OF THIS SUBTITLE THAT THE MOVING PARTY PREVAILED ON THE MOTION. 7

5–1308. 8

THE COURT SHALL RULE ON A MOTION UNDER § 5–1303 OF THIS SUBTITLE 9
NOT LATER THAN 60 DAYS AFTER A HEARING UNDER § 5–1305 OF THIS SUBTITLE. 10

5–1309. 11

(A) A MOVING PARTY MAY APPEAL AS A MATTER OF RIGHT FROM AN ORDER 12
DENYING, IN WHOLE OR IN PART, A MOTION UNDER § 5–1303 OF THIS SUBTITLE. 13

(B) AN APPEAL UNDER THIS SECTION SHALL BE FILED NOT LATER THAN 21 14
DAYS AFTER ENTRY OF THE ORDER. 15

5–1310. 16

ON A MOTION UNDER § 5–1303 OF THIS SUBTITLE, THE COURT SHALL AWARD 17
COURT COSTS , REASONABLE ATTORNEY ’S FEES , AND REASONABLE LITIG ATION 18
EXPENSES RELATED TO THE MOTION: 19

(1) TO THE MOVING PARTY IF THE MOVING PARTY PREVAILS ON THE 20
MOTION; OR 21

(2) TO THE RESPONDING PAR TY IF THE RESPONDING PARTY 22
PREVAILS ON THE MOTI ON AND THE COURT FIN DS THAT THE MOTION W AS 23
FRIVOLOUS OR FILED SOLELY WITH INTENT TO DELAY THE PROCEEDING. 24

5–1311. 25

THIS SUBTITLE SHALL BE BROADLY CONSTRUED AND APPLIED TO PROTE CT 26
THE EXERCISE OF THE RIGHT OF FREEDOM OF SPEECH AND OF T HE PRESS , THE 27
RIGHT TO ASSEMBLE AN D PETITION , AND THE RIGHT OF ASS OCIATION, 28
GUARANTEED BY THE UNITED STATES CONSTITUTION, THE MARYLAND 29
DECLARATION OF RIGHTS, AND THE MARYLAND CONSTITUTION. 30

8 SENATE BILL 251

5–1312. 1

IN APPLYING AND CONST RUING THIS SUBTITLE, CONSIDERATION SHALL BE 2
GIVEN TO THE NEED TO PROMOTE UNIFORMITY OF THE LAW WITH RESPECT TO ITS 3
SUBJECT MATTER AMONG THE STATES THAT ENACT IT. 4

5–1313. 5

THIS SUBTITLE MAY BE CITE D AS THE MARYLAND UNIFORM PUBLIC 6
EXPRESSION PROTECTION ACT. 7

SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 5–808 of Article – 8
Courts and Judicial Proceedings of the Annotated Code of Maryland be renumbered to be 9
Section(s) 5–807. 10

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 11
apply only prospectively and may not be applied or interpreted to have any effect on or 12
application to any cause of action arising before the effective date of this Act. 13

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2026. 15