| 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
Idaho’s new anti-SLAPP statute[1] – the Uniform Public Expression Protection Act – was enacted in February 2025. It closely reflects the Uniform Law Commission’s model Uniform Public Expression Protection Act (UPEPA). The law’s key provisions offer robust protections for free speech. Cases can be evaluated on constitutional grounds at the start; defendants gain the right to immediate appeal if an anti-SLAPP motion is denied; and winning defendants are entitled to recover their legal costs and attorney fees. Idaho did not previously have an anti-SLAPP law, and the state previously received an “F” grade in our 2023 Anti-SLAPP Report Card. Consequently, the 2025 statute represents a dramatic improvement in the protection of the free speech rights of Idahoans.
[1] Senate Bill 1001, https://perma.cc/UM7Z-U844.
