Read the full stored bill text
S. B. No. 2734 *SS08/R589* ~ OFFICIAL ~ G1/2
26/SS08/R589
PAGE 1 (ens\kr)
To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Sparks
SENATE BILL NO. 2734
AN ACT TO ENACT THE "UNIFORM PUBLIC EXPRESSION PROTECTION 1
ACT"; TO PROVIDE DEFINITIONS FOR THE ACT; TO PROVIDE THE 2
CIRCUMSTANCES FOR WHICH THIS ACT APPLIES; TO PROVIDE THAT THIS ACT 3
DOES NOT APPLY TO ANY CAUSE OF ACTION ASSERTED AGAINST A 4
GOVERNMENTAL UNIT OR EMPLOYEE OF SAID UNIT ACTING OR PURPORTING TO 5
ACT IN AN OFFICIAL CAPACITY; TO PROVIDE THAT THIS ACT DOES NOT 6
APPLY TO ANY CAUSE OF ACTION ASSERTED BY A GOVERNMENTAL UNIT OR 7
EMPLOYEE OF SAID UNIT ACTING OR PURPORTING TO ACT IN AN OFFICIAL 8
CAPACITY TO ENFORCE A LAW TO PROTECT AGAINST AN IMMINENT THREAT TO 9
PUBLIC HEALTH OR SAFETY; TO PROVIDE THAT THIS ACT DOES NOT APPLY 10
TO ANY CAUSE OF ACTION ASSERTED AGAINST A PERSON PRIMARILY ENGAGED 11
IN THE SELLING OR LEASING OF GOODS IF THE CAUSE OF ACTION ARISES 12
OUT OF A COMMUNICATION RELATED TO THE PERSON'S SALE OR LEASE OF 13
THE GOODS OR SERVICES; TO PROVIDE FOR THE TIMELINE TO RESPOND TO A 14
PLEADING THAT ASSERTS A CAUSE OF ACTION FOR WHICH THIS ACT 15
APPLIES; TO PROVIDE THE CIRCUMSTANCES WHEN PROCEEDINGS BETWEEN A 16
MOVING PARTY AND A RESPONDING PARTY ARE STAYED UPON THE FILING OF 17
A SPECIAL MOTION FOR EXPEDITED RELIEF TO DISMISS A CAUSE OF ACTION 18
OR PART OF THE CAUSE OF ACTION; AND FOR RELATED PURPOSES; TO 19
PROVIDE THAT A COURT SHALL HEAR A MOTION BROUGHT UNDER THIS ACT 20
WITHIN SIXTY DAYS AFTER THE FILING OF THE MOTION UNLESS DISCOVERY 21
IS ALLOWED OR FOR OTHER GOOD CAUSE; TO CLARIFY THAT IN RULING ON A 22
MOTION UNDER SECTION 3 OF THIS ACT THAT A COURT SHALL CONSIDER ANY 23
EVIDENCE THAT IT COULD CONSIDER IN RULING ON A MOTION FOR SUMMARY 24
JUDGMENT UNDER THE MISSISSIPPI RULES OF CIVIL PROCEDURE; TO 25
PROVIDE THE GROUNDS UPON WHICH A COURT SHALL DISMISS A CAUSE OF 26
ACTION SUBJECT TO THIS ACT; TO PROVIDE FOR THE EFFECT OF A 27
PREJUDICIAL OR NON-PREJUDICIAL VOLUNTARY DISMISSAL BY A RESPONDING 28
PARTY ON THE RIGHT OF A MOVING PARTY TO OBTAIN COSTS AND 29
ATTORNEY'S FEES; TO PROVIDE THAT A COURT SHALL RULE ON A MOTION 30
UNDER SECTION 3 OF THIS ACT NOT LATER THAN SIXTY DAYS AFTER A 31
HEARING ON SAID MOTION; TO AUTHORIZE A MOVING PARTY TO APPEAL FROM 32
AN ORDER DENYING A MOTION IN WHOLE OR IN PART WHICH MUST BE FILED 33
NOT LATER THAN THIRTY DAYS AFTER ENTRY OF THE ORDER; TO PROVIDE 34
S. B. No. 2734 *SS08/R589* ~ OFFICIAL ~
26/SS08/R589
PAGE 2 (ens\kr)
THE REQUIREMENTS FOR WHEN A COURT SHALL AWARD COSTS, REASONABLE 35
ATTORNEY FEES, AND REASONABLE LITIGATION EXPENSES RELATED TO A 36
MOTION UNDER SECTION THREE OF THIS ACT; TO PROVIDE THAT THIS ACT 37
SHALL BE BROADLY CONSTRUED AND APPLIED TO PROTECT FIRST AMENDMENT 38
RIGHTS GUARANTEED BY THE UNITED STATES CONSTITUTION AND THE 39
MISSISSIPPI CONSTITUTION; TO PROVIDE THAT IN APPLYING AND 40
CONSTRUING THIS ACT CONSIDERATION SHALL BE GIVEN TO THE NEED TO 41
PROMOTE UNIFORMITY OF THE LAW WITH RESPECT TO ITS SUBJECT MATTER 42
AMONG STATES THAT ENACT IT; TO DIRECT CODIFICATION; AND FOR 43
RELATED PURPOSES. 44
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 45
SECTION 1. This act may be cited as the "Uniform Public 46
Expression Protection Act." 47
SECTION 2. (1) As used in this section: 48
(a) "Goods or services" does not include the creation, 49
dissemination, exhibition, or advertisement or similar promotion 50
of a dramatic, literary, musical, political, journalistic, or 51
artistic work. 52
(b) "Governmental unit" means a public corporation or 53
governmental subdivision, agency, or instrumentality. 54
(2) Except as otherwise provided in subsection (3), this 55
chapter applies to a cause of action asserted in a civil action 56
against a person based on any of the following of the person: 57
(a) Communication in a legislative, executive, 58
judicial, administrative, or other governmental proceeding; 59
(b) Communication on an issue under consideration or 60
review in a legislative, executive, judicial, administrative, or 61
other governmental proceeding; or 62
(c) Exercise of the right of freedom of speech or of 63
the press, the right to assemble or petition, or the right of 64
S. B. No. 2734 *SS08/R589* ~ OFFICIAL ~
26/SS08/R589
PAGE 3 (ens\kr)
association, guaranteed by the Constitution of the United States 65
or the Constitution of the State of Mississippi, on a matter of 66
public concern. 67
(3) This chapter does not apply to any of the following 68
causes of action asserted: 69
(a) Against a governmental unit or an employee or agent 70
of a governmental unit acting or purporting to act in an official 71
capacity; 72
(b) By a governmental unit or an employee or agent of a 73
governmental unit acting in an official capacity to enforce a law 74
to protect against an imminent threat to public health or safety; 75
or 76
(c) Against a person primarily engaged in the business 77
of selling or leasing goods or services if the cause of action 78
arises out of a communication related to the person's sale or 79
lease of the goods or services. 80
SECTION 3. Not later than sixty (60) days after a party is 81
served with a petition, crossclaim, counterclaim, third-party 82
claim, or other pleading that asserts a cause of action to which 83
this chapter applies, or at a later time on a showing of good 84
cause, the party may file a special motion for expedited relief to 85
dismiss the cause of action or part of the cause of action. 86
SECTION 4. (1) Except as otherwise provided in subsections 87
(4) through (7), on the filing of a motion under Section 3, all of 88
the following apply: 89
S. B. No. 2734 *SS08/R589* ~ OFFICIAL ~
26/SS08/R589
PAGE 4 (ens\kr)
(a) All other proceedings between the moving party and 90
responding party, including discovery and a pending hearing or 91
motion, are stayed. 92
(b) On motion by the moving party, the court may stay a 93
hearing or motion involving another party, or discovery by another 94
party, if the hearing or ruling on the motion would adjudicate, or 95
the discovery would relate to, an issue material to the motion 96
under Section 3. 97
(2) A stay under subsection (1) remains in effect until 98
entry of an order ruling on the motion under Section 3 and 99
expiration of the time under Section 9 for the moving party to 100
appeal the order. 101
(3) Except as otherwise provided in subsections (5), (6), 102
and (7), if a party appeals from an order ruling on a motion under 103
Section 3, all proceedings between all parties in the action are 104
stayed. The stay remains in effect until the conclusion of the 105
appeal. 106
(4) During a stay under subsection (1), the court may allow 107
limited discovery if a party shows that specific information is 108
necessary to establish whether a party has satisfied or failed to 109
satisfy a burden under Section 7, subsection (1), and the 110
information is not reasonably available unless discovery is 111
allowed. 112
(5) A motion under Section 10 for costs, attorney fees, and 113
expenses is not subject to a stay under this section. 114
S. B. No. 2734 *SS08/R589* ~ OFFICIAL ~
26/SS08/R589
PAGE 5 (ens\kr)
(6) A stay under this section does not affect a party's 115
ability to voluntarily dismiss a cause of action or part of a 116
cause of action or move to sever a cause of action. 117
(7) During a stay under this section, the court for good 118
cause may hear and rule on all of the following: 119
(a) A motion unrelated to the motion under Section 3. 120
(b) A motion seeking a special or preliminary 121
injunction to protect against an imminent threat to public health 122
or safety. 123
SECTION 5. (1) The court shall hear a motion under Section 124
3 not later than sixty (60) days after filing of the motion, 125
unless the court orders a later hearing for any of the following: 126
(a) To allow discovery under Section 4, subsection (4). 127
(b) For other good cause. 128
(2) If the court orders a later hearing under subsection 129
(1), paragraph (a), the court shall hear the motion under Section 130
3 not later than sixty (60) days after the court order allowing 131
the discovery, unless the court orders a later hearing under 132
subsection (1), paragraph (b). 133
SECTION 6. In ruling on a motion under Section 3, the court 134
shall consider the pleadings, the motion, any reply or response to 135
the motion, and any evidence that could be considered in ruling on 136
a motion for summary judgment under the Mississippi Rules of Civil 137
Procedure. 138
S. B. No. 2734 *SS08/R589* ~ OFFICIAL ~
26/SS08/R589
PAGE 6 (ens\kr)
SECTION 7. (1) In ruling on a motion under Section 3, the 139
court shall dismiss with prejudice a cause of action, or part of a 140
cause of action, if all of the following are true: 141
(a) The moving party establishes under Section 2, 142
subsection (2), that this chapter applies; 143
(b) The responding party fails to establish under 144
Section 2, subsection (3), that this chapter does not apply; and 145
(c) Any of the following are true: 146
(i) The responding party fails to establish a 147
prima facie case as to each essential element of the cause of 148
action; or 149
(ii) The moving party establishes any of the 150
following: 151
1. The responding party failed to state a 152
cause of action upon which relief can be granted; or 153
2. There is no genuine issue as to any 154
material fact and the moving party is entitled to judgment as a 155
matter of law on the action or part of an action. 156
(2) A voluntary dismissal without prejudice of a responding 157
party's cause of action, or part of a cause of action, that is the 158
subject of a motion under Section 3 does not affect a moving 159
party's right to obtain a ruling on the motion and seek costs, 160
attorney fees, and expenses under Section 10. 161
(3) A voluntary dismissal with prejudice of a responding 162
party's cause of action, or part of a cause of action, that is the 163
S. B. No. 2734 *SS08/R589* ~ OFFICIAL ~
26/SS08/R589
PAGE 7 (ens\kr)
subject of a motion under Section 3 establishes for the purpose of 164
Section 10 that the moving party prevailed on the motion. 165
SECTION 8. The court shall rule on a motion under Section 3 166
not later than sixty (60) days after a hearing under Section 5. 167
SECTION 9. A moving party may appeal as a matter of right 168
from an order denying, in whole or in part, a motion under Section 169
3. The appeal must be filed not later than thirty (30) days after 170
entry of the order. 171
SECTION 10. On a motion under Section 3, the court shall 172
award costs, reasonable attorney fees, and reasonable litigation 173
expenses related to the motion in the following circumstances: 174
(a) To the moving party if the moving party prevails on 175
the motion; or 176
(b) To the responding party if the responding party 177
prevails on the motion and the court finds that the motion was 178
frivolous or filed solely with intent to delay the proceeding. 179
SECTION 11. This chapter shall be broadly construed and 180
applied to protect the exercise of the right of freedom of speech 181
and of the press, the right to assemble and petition, and the 182
right of association, guaranteed by the Constitution of the United 183
States or the Constitution of the State of Mississippi. 184
SECTION 12. In applying and construing this chapter, 185
consideration shall be given to the need to promote uniformity of 186
the law with respect to its subject matter among states that enact 187
it. 188
S. B. No. 2734 *SS08/R589* ~ OFFICIAL ~
26/SS08/R589
PAGE 8 (ens\kr)
ST: Uniform Public Expression Protection Act;
enact.
SECTION 13. This act applies to a civil action filed on or 189
after the effective date of this act. 190
SECTION 14: Sections 1 through 13 of this act shall be 191
codified as a chapter within the Mississippi Code of 1972. 192
SECTION 15. This act shall take effect and be in force from 193
and after July 1, 2026. 194