Uniform Public Expression Act; enact.

S. B. No. 2381 *SS36/R180* ~ OFFICIAL ~ G1/2
26/SS36/R180
PAGE 1 (ens\kr)

To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Wiggins

SENATE BILL NO. 2381

AN ACT TO ENACT THE "UNIFORM PUBLIC EXPRESSION ACT"; TO 1
DEFINE TERMS; TO PROVIDE THAT THE ACT APPLIES TO ANY CIVIL CAUSE 2
OF ACTION AGAINST A PERSON BASED ON THE PERSON'S COMMUNICATION IN 3
CERTAIN GOVERNMENTAL PROCEEDINGS OR THE PERSON'S EXERCISE OF THE 4
RIGHT OF FREEDOM OF SPEECH, THE PRESS, THE RIGHT TO ASSEMBLE OR 5
PETITION OR THE RIGHT OF ASSOCIATION GUARANTEED UNDER THE UNITED 6
STATES CONSTITUTION OF THE MISSISSIPPI CONSTITUTION ON ANY MATTER 7
OF PUBLIC CONCERN; TO DESCRIBE CERTAIN CAUSES OF ACTION TO WHICH 8
THE ACT DOES NOT APPLY; TO PROVIDE FOR A SPECIAL MOTION FOR 9
EXPEDITED RELIEF TO DISMISS A CAUSE OF ACTION OR PART OF A CAUSE 10
OF ACTION; TO PROVIDE FOR A STAY ON ALL OTHER PROCEEDINGS IN A 11
CAUSE OF ACTION ONCE A SPECIAL MOTION IS FILED; TO PROVIDE FOR 12
CERTAIN LIMITED DISCOVERY WHERE A PARTY DEMONSTRATES THAT SPECIFIC 13
INFORMATION IS NECESSARY TO ESTABLISH WHETHER OR NOT A PARTY HAS 14
MET ITS BURDEN UNDER THE ACT; TO REQUIRE THE MOTION TO BE HEARD 15
NOT LATER THAN A CERTAIN PERIOD OF TIME AFTER THE FILING OF THE 16
MOTION; TO ESTABLISH STANDARDS OF PROOF FOR THE CONSIDERATION OF A 17
MOTION UNDER THIS ACT; TO PROVIDE FOR THE DISMISSAL OF CERTAIN 18
CAUSES OF ACTION; TO PROVIDE A TIMELINE FOR RULING ON THE MOTION 19
FILED UNDER THIS ACT; TO AUTHORIZE THE MOVING PARTY UNDER THIS ACT 20
TO APPEAL AS A MATTER OF RIGHT FROM AN ORDER DENYING, IN WHOLE OR 21
IN PART, A MOTION UNDER THIS ACT; TO PROVIDE FOR THE AWARD OF 22
COSTS; TO PROVIDE FOR THE BROAD CONSTRUAL OF THE ACT; AND FOR 23
RELATED PURPOSES. 24
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 25
SECTION 1. This act shall be known and may be cited as the 26
"Uniform Public Expression Act". 27
SECTION 2. (1) For purposes of this act, the following 28
words shall have the meanings herein ascribed: 29
S. B. No. 2381 *SS36/R180* ~ OFFICIAL ~
26/SS36/R180
PAGE 2 (ens\kr)

(a) "Goods or services" does not mean the creation, 30
dissemination, exhibition, or advertisement or similar promotion 31
of a dramatic, literary, musical, political, journalistic, or 32
artistic work. 33
(b) "Governmental unit" means a public corporation or 34
government or governmental subdivision, agency, or 35
instrumentality. 36
(c) "Person" means an individual, estate, trust, 37
partnership, business or nonprofit entity, governmental unit, or 38
other legal entity. 39
(2) Except as otherwise provided in paragraph (c) of this 40
subsection, this act applies to any cause of action asserted in a 41
civil action against a person based on the person's: 42
(a) Communication in a legislative, executive, 43
judicial, administrative, or other governmental proceeding; 44
(b) Communication on an issue under consideration or 45
review in a legislative, executive, judicial, administrative, or 46
other governmental proceeding; or 47
(c) Exercise of the right of freedom of speech or of 48
the press, the right to assemble or petition, or the right of 49
association, guaranteed by the United States Constitution or the 50
Mississippi Constitution, on any matter of public concern. 51
(3) This act shall not apply to any cause of action 52
asserted: 53
S. B. No. 2381 *SS36/R180* ~ OFFICIAL ~
26/SS36/R180
PAGE 3 (ens\kr)

(a) Against a governmental unit or an employee or agent 54
of a governmental unit acting or purporting to act in an official 55
capacity; 56
(b) By a governmental unit or an employee or agent of a 57
governmental unit acting in an official capacity to enforce a law 58
to protect against an imminent threat to public health or safety; 59
or 60
(c) Against a person primarily engaged in the business 61
of selling or leasing goods or services if the cause of action 62
arises out of a communication related to the person's sale or 63
lease of the goods or services. 64
SECTION 3. Not later than sixty (60) days after a party is 65
served with a complaint, petition, crossclaim, counterclaim, 66
third-party claim, or other pleading that asserts a cause of 67
action to which this act applies, or at a later time on a showing 68
of good cause, the party may file a special motion for expedited 69
relief to dismiss the cause of action or any or part of the cause 70
of action. 71
SECTION 4. (1) Except as otherwise provided in subsections 72
(4) through (7) of this section, on the filing of the special 73
motion filed under the authority of Section 3 of this act: 74
(a) All other proceedings between the moving party and 75
responding party, including discovery and a pending hearing or 76
motion, are stayed; and 77
S. B. No. 2381 *SS36/R180* ~ OFFICIAL ~
26/SS36/R180
PAGE 4 (ens\kr)

(b) On motion by the moving party, the court may stay a 78
hearing or motion involving another party, or discovery by another 79
party, if the hearing or ruling on the motion would adjudicate, or 80
the discovery would relate to, an issue material to the motion 81
under Section 3 of this act. 82
(2) A stay granted under subsection (1) of this section 83
shall remain in effect until entry of an order ruling on the 84
motion under Section 3 of this act, and expiration of the time 85
under Section 9 of this act for the moving party to appeal the 86
order. 87
(3) Except as otherwise provided in subsections (5), (6), 88
and (7) of this section, if a party appeals from an order ruling 89
on a motion under Section 3 of this act, all proceedings between 90
all parties in the action are stayed. The stay shall remain in 91
effect until the conclusion of the appeal. 92
(4) During a stay under subsection (1) of this section, the 93
court may allow limited discovery if a party shows that specific 94
information is necessary to establish whether a party has 95
satisfied or failed to satisfy a burden under Section 7(1) of this 96
act and the information is not reasonably available unless 97
discovery is allowed. 98
(5) A motion filed under Section 10 of this act for costs, 99
attorney's fees, and expenses is not subject to a stay under this 100
section. 101
S. B. No. 2381 *SS36/R180* ~ OFFICIAL ~
26/SS36/R180
PAGE 5 (ens\kr)

(6) A stay under this section shall not affect a party's 102
ability voluntarily to dismiss a cause of action or part of a 103
cause of action or move to sever a cause of action. 104
(7) During a stay under this section, the court for good 105
cause may hear and rule on: 106
(a) A motion unrelated to the motion under Section 3 of 107
this act; and 108
(b) A motion seeking a special or preliminary 109
injunction to protect against an imminent threat to public health 110
or safety. 111
SECTION 5. (1) The court shall hear a motion under Section 112
3 of this act not later than sixty (60) days after filing of the 113
motion, unless the court orders a later hearing: 114
(a) To allow discovery under Section 4(4) of this act; 115
or 116
(b) For other good cause. 117
(2) If the court orders a later hearing under subsection 118
(1)(a) of this section, the court shall hear the motion under 119
Section 3 of this act not later than sixty (60) days after the 120
court order allowing the discovery, unless the court orders a 121
later hearing under Section (1)(b). 122
SECTION 6. In ruling on a motion under Section 3 of this 123
act, the court shall consider the pleadings, the motion, any reply 124
or response to the motion, and any evidence that could be 125
S. B. No. 2381 *SS36/R180* ~ OFFICIAL ~
26/SS36/R180
PAGE 6 (ens\kr)

considered in ruling on a motion for summary judgment under 126
Mississippi Rule of Civil Procedure 56. 127
SECTION 7. (1) In ruling on a motion filed under Section 3 128
of this act, the court shall dismiss with prejudice a cause of 129
action, or part of a cause of action, if: 130
(a) The moving party establishes under Section 2(2) 131
that this act applies; 132
(b) The responding party fails to establish under 133
Section 2(3) that this act does not apply; and 134
(c) Either: 135
(i) The responding party fails to establish a 136
prima facie case as to each essential element of the cause of 137
action; or 138
(ii) The moving party establishes that: 139
1. The responding party failed to state a 140
[cause of action] upon which relief can be granted; or 141
2. There is no genuine issue as to any 142
material fact, and the moving party is entitled to judgment as a 143
matter of law on the cause of action or part of the cause of 144
action. 145
(2) A voluntary dismissal without prejudice of a responding 146
party's cause of action, or part of a cause of action, that is the 147
subject of a motion under Section 3 of this act does not affect a 148
moving party's right to obtain a ruling on the motion and seek 149
costs, attorney's fees, and expenses under Section 10 of this act. 150
S. B. No. 2381 *SS36/R180* ~ OFFICIAL ~
26/SS36/R180
PAGE 7 (ens\kr)

(3) A voluntary dismissal with prejudice of a responding 151
party's cause of action, or part of a cause of action, that is the 152
subject of a motion under Section 3 of this act establishes for 153
the purpose of Section 10 of this act that the moving party 154
prevailed on the motion. 155
SECTION 8. The court shall rule on a motion under Section 3 156
of this act not later than sixty (60) days after a hearing under 157
Section 5 of this act. 158
SECTION 9. A moving party may appeal as a matter of right 159
from an order denying, in whole or in part, a motion under Section 160
3 of this act. The appeal must be filed not later than twenty-one 161
(21) days after entry of the order. 162
SECTION 10. On a motion under Section 3 of this act, the 163
court shall award court costs, reasonable attorney's fees, and 164
reasonable litigation expenses related to the motion: 165
(a) To the moving party if the moving party prevails on 166
the motion; or 167
(b) To the responding party if the responding party 168
prevails on the motion and the court finds that the motion was 169
frivolous or filed solely with intent to delay the proceeding. 170
SECTION 11. This act must be broadly construed and applied 171
to protect the exercise of the right of freedom of speech and of 172
the press, the right to assemble and petition, and the right of 173
association, guaranteed by the United States Constitution or the 174
Mississippi Constitution. 175
S. B. No. 2381 *SS36/R180* ~ OFFICIAL ~
26/SS36/R180
PAGE 8 (ens\kr)
ST: Uniform Public Expression Act; enact.
SECTION 12. In applying and construing this uniform act, 176
consideration must be given to the need to promote uniformity of 177
the law with respect to its subject matter among states that enact 178
it. 179
SECTION 13. This act applies to a civil action filed or 180
cause of action asserted in a civil action on or after the 181
effective date of this act. 182
SECTION 14. If any provision of this act or its application 183
to any person or circumstance is held invalid, the invalidity does 184
not affect other provisions or applications of this act which can 185
be given effect without the invalid provision or application, and 186
to this end the provisions of this act are severable. 187
SECTION 15. This act shall take effect and be in force from 188
and after July 1, 2026. 189