| Subgrades | |
| Covered Speech: | A+ |
| Anti-SLAPP Procedures: | A+ |
| Subscores | |
| Covered Speech: | 100 out of 100 points |
| Anti-SLAPP Procedures: | 100 out of 100 points |
| Detailed Scoring on Anti-SLAPP Procedures | |
| 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
Kentucky’s anti-SLAPP law,[1] enacted in 2022, retains the essential provisions of the UPEPA. Importantly, the recently enacted law extends to “freedom of speech or of the press, the right to assemble or petition, or the right of association,” as protected “by the United States Constitution or Kentucky Constitution, on a matter of public concern.” This law is also to be “broadly construed.” Discovery is stayed once an anti-SLAPP motion is filed.” Although discovery is stayed once an anti-SLAPP motion is filed, a court may nonetheless order that specified discovery be conducted if the information sought is not reasonably available without discovery. A voluntary dismissal of the lawsuit by the respondent “does not affect a moving party’s right to obtain a ruling” and to “seek costs, attorney’s fees, and expenses.” The statute provides for interlocutory appeal of an order denying an anti-SLAPP motion. The court must award costs and attorney fees related to the action to the prevailing movant on an anti-SLAPP motion.
