The MS Uniform Public Expression Protection Act; create to regulate strategic lawsuits against public participation.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Mansell

HOUSE BILL NO. 1268

AN ACT TO CREATE THE MISSISSIPPI UNIFORM PUBLIC EXPRESSION 1
PROTECTION ACT; TO PROVIDE DEFINITIONS FOR THE ACT; TO REGULATE 2
CIVIL ACTIONS AGAINST ANY PERSON WHO SPEAKS IN CERTAIN 3
LEGISLATIVE, EXECUTIVE AND JUDICIAL SETTINGS; TO PROVIDE AN 4
APPEALS PROCESS; TO PROVIDE THAT THIS ACT APPLIES TO ACTIONS FILED 5
ON AND AFTER JULY 1, 2026; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. This act shall be known and may be cited as the 8
"Mississippi Uniform Public Expression Protection Act". 9
SECTION 2. The following words shall have the meanings 10
described herein unless the context otherwise indicates: 11
(a) "Goods or services" mean or include the creation, 12
dissemination, exhibition, or advertisement or similar promotion 13
of a dramatic, literary, musical, political, journalistic, or 14
artistic work. 15
(b) "Governmental unit" means a public corporation or 16
any state, county or municipal government, any state, county or 17
municipal political subdivision or agency thereof. 18
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SECTION 3. (1) This act applies to a cause of action 19
asserted in a civil action against a person based on any of the 20
following: 21
(a) Communication in a legislative, executive, 22
judicial, administrative, or other governmental proceeding; 23
(b) Communication on an issue under consideration or 24
review in a legislative, executive, judicial, administrative, or 25
other governmental proceeding; or 26
(c) Exercise of the right of freedom of speech or of 27
the press, the right to assemble or petition, or the right of 28
association, guaranteed by the Constitution of the United States 29
or the Constitution of the State of Mississippi, on a matter of 30
public concern. 31
(2) This act shall not apply to any of the following causes 32
of action asserted: 33
(a) Against a governmental unit or an employee or agent 34
of a governmental unit acting or purporting to act in an official 35
capacity. 36
(b) By a governmental unit or an employee or agent of a 37
governmental unit acting in an official capacity to enforce a law 38
to protect against an imminent threat to public health or safety. 39
(c) Against a person primarily engaged in the business 40
of selling or leasing goods or services if the cause of action 41
arises out of a communication related to the person's sale or 42
lease of the goods or services. 43
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SECTION 4. Not later than sixty (60) days after a party is 44
served with a petition, crossclaim, counterclaim, third-party 45
claim, or other pleading that asserts a cause of action to which 46
this act applies, or at a later time on a showing of good cause, 47
the party may file a special motion for expedited relief to 48
dismiss the cause of action or part of the cause of action. 49
SECTION 5. (1) Except as otherwise provided in this act, on 50
the filing of a motion under this act, all of the following apply: 51
(a) All other proceedings between the moving party and 52
responding party, including discovery and a pending hearing or 53
motion, are stayed; and 54
(b) On motion by the moving party, the court may stay a 55
hearing or motion involving another party, or discovery by another 56
party, if the hearing or ruling on the motion would adjudicate, or 57
the discovery would relate to, an issue material to the motion 58
under this act. 59
(2) A stay under this act shall remain in effect until entry 60
of an order ruling on the motion under and expiration of the time 61
under this act for the moving party to appeal the order. 62
(3) Except as otherwise provided in this act, if a party 63
appeals from an order ruling on a motion under this act, all 64
proceedings between all parties in the action are stayed. The 65
stay remains in effect until the conclusion of the appeal. 66
(4) During the period of a stay under this act, the court 67
may allow limited discovery if a party shows that specific 68
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information is necessary to establish whether a party has 69
satisfied or failed to satisfy a burden under this act, and the 70
information is not reasonably available unless discovery is 71
allowed. 72
(5) A stay under this section does not affect a party's 73
ability to voluntarily dismiss a cause of action or part of a 74
cause of action or move to sever a cause of action. 75
(6) During a stay under this section, the court for good 76
cause may hear and rule on all of the following: 77
(a) A motion unrelated to the motion under this act; 78
and 79
(b) A motion seeking a special or preliminary 80
injunction to protect against an imminent threat to public health 81
or safety. 82
(7) A motion under this act for costs, attorney fees, and 83
expenses is not subject to a stay under this section. 84
SECTION 6. (1) The court shall hear a motion under this act 85
not later than sixty (60)days after filing of the motion, unless 86
the court orders a later hearing for any of the following: 87
(a) To allow discovery under this act. 88
(b) For other good cause. 89
(2) If the court orders a later hearing, the court shall 90
hear the motion not later than sixty (60) days after the court 91
order allowing the discovery, unless the court orders a later 92
hearing under this act. 93
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SECTION 7. In ruling on a motion under this act, the court 94
shall consider the pleadings, the motion, any reply or response to 95
the motion, and any evidence that could be considered in ruling on 96
a motion for summary judgment under the Mississippi Rules of Civil 97
Procedure. 98
SECTION 8. (1) In ruling on a motion under this act, the 99
court shall dismiss with prejudice a cause of action, or part of a 100
cause of action, if all of the following are true: 101
(a) The moving party establishes that this act applies; 102
or 103
(b) The responding party fails to establish that this 104
chapter does not apply; and 105
(c) Any of the following are true: 106
(i) The responding party fails to establish a 107
prima facie case as to each essential element of the cause of 108
action. 109
(ii) The moving party establishes that any of the 110
following: 111
(a) The responding party failed to state a cause of 112
action upon which relief can be granted. 113
(b) There is no genuine issue as to any material fact 114
and the moving party is entitled to judgment as a matter of law on 115
the action or part of an action. 116
(2) A voluntary dismissal without prejudice of a responding 117
party's cause of action, or part of a cause of action, that is the 118
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subject of a motion under this act does not affect a moving 119
party's right to obtain a ruling on the motion and seek costs, 120
attorney fees, and expenses under this act. 121
(3) A voluntary dismissal with prejudice of a responding 122
party's cause of action, or part of a cause of action, that is the 123
subject of a motion under this act establishes for the purpose of 124
this act that the moving party prevailed on the motion. 125
SECTION 9. (1) The court shall rule on a motion under this 126
act not later than sixty (60) days after a hearing. 127
(2) A moving party may appeal as a matter of right from an 128
order denying, in whole or in part, a motion under this act. 129
(3) The appeal shall be filed not later than thirty (30) 130
days after entry of the order. 131
(4) On a motion under this act, the court shall award court 132
costs, reasonable attorney fees, and reasonable litigation 133
expenses related to the motion in the following circumstances: 134
(a) To the moving party if the moving party prevails 135
on the motion; and 136
(b) To the responding party if the responding party 137
prevails on the motion and the court finds that the motion was 138
frivolous or filed solely with intent to delay the proceeding. 139
SECTION 10. This act shall be broadly construed and applied 140
to protect the exercise of the right of freedom of speech and of 141
the press, the right to assemble and petition, and the right of 142
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ST: The MS Uniform Public Expression Protection
Act; create to regulate strategic lawsuits
against public participation.
association, guaranteed by the Constitution of the United States 143
or the Constitution of the State of Mississippi. 144
SECTION 11. In applying and construing this chapter, 145
consideration shall be given to the need to promote uniformity of 146
the law with respect to its subject matter among states that enact 147
it. 148
SECTION 12. The provisions of this act apply to a civil 149
action filed on or after July 1, 2026. 150