| Subgrades | |
| Covered Speech: | A+ |
| Anti-SLAPP Protections: | A+ |
| Subscores | |
| Covered Speech: | 100 out of 100 points |
| Anti-SLAPP Protections: | 100 out of 100 points |
| Detailed Scoring on Anti-SLAPP Protections | |
| Suspension of Court Proceedings Upon an Anti-SLAPP Motion: | 20 of 20 points |
| Burden of Proof on Plaintiff to Defeat an Anti-SLAPP Motion: | 12 of 12 points |
| Right to an Immediate Appeal: | 25 of 25 points |
| Award of Costs and Attorney Fees: | 40 of 40 points |
| Expansive Statutory Interpretation Instruction to Courts: | 3 of 3 points |
State Anti-SLAPP Statute
In 2025, Delaware adopted the Uniform Law Commission’s model Uniform Public Expression Protection Act (UPEPA).[1] As such, it corrects the failings of the state’s previous anti-SLAPP law by greatly expanding the covered speech, providing robust protections for all speech on matters of public concern. This new law represents a dramatic improvement for Delaware, which previously received a D- grade in our 2023 Anti-SLAPP Report Card.
[1] https://legis.delaware.gov/BillDetail?LegislationId=142002
