With Governor Mike Kehoe’s signature on legislation (passed in both SB 1067 and the broader SB 835), Missouri has officially enacted its version of the Uniform Public Expression Protection Act (UPEPA). This significant upgrade to the state’s legal code ensures that Missourians are protected against deep-pocketed bullies who use the legal system to silence criticism and chill free speech through frivolous lawsuits.
Notably, this achievement comes after sustained legislative effort over at least five years in Missouri, underscoring both the persistence of its advocates and the urgency of reform.
SLAPPs, or Strategic Lawsuits Against Public Participation, are meritless lawsuits designed not to win on the legal merits, but to impose costs on, harass, and intimidate critics into silence. They weaponize the high cost of litigation—often through hiring expensive attorneys and drawn-out discovery processes—to crush citizens who dare to speak out on matters of public concern.
Because Missouri already had an anti-SLAPP law on the books, the total number of states with statutory protections remains at 40. However, having a law and having an effective law are two entirely different things. Under the old framework, Missouri earned a “D-” on our Anti-SLAPP Report Card, the lowest possible grade for a state with such a law.
The legacy law was narrow, offering protections almost exclusively to speech made at public hearings or government meetings. If a Missourian were sued for writing an op-ed, publishing a review, or speaking out online about a powerful corporation or politician, the old law provided virtually no shield.
Drafted by the Uniform Law Commission, UPEPA is the premier model anti-SLAPP legislation in the country. With this enactment, Missourians now benefit from the core safeguards essential to defeating frivolous lawsuits. The new law protects all speech on matters of public concern, in any forum—including news articles, blogs, social media, and protests.
The moment a defendant files an anti-SLAPP motion, all costly legal discovery is frozen until the judge rules on whether the lawsuit is a SLAPP. The plaintiff must then quickly prove their case has actual legal merit before being allowed to drag the speaker through potentially years of litigation. If the court finds that the plaintiff filed a SLAPP, they must pay the defendant’s attorney’s fees, ensuring speakers no longer face financial ruin just to vindicate their First Amendment rights. But if the lawsuit presents legitimate complaints and the anti-SLAPP motion is frivolous, fees may be imposed on the person filing the motion.
If a trial court judge wrongly denies an anti-SLAPP motion, the speaker can immediately appeal that decision to a higher court before facing the costs of trial.
Today, we celebrate this victory for free expression in Missouri. By replacing an outdated statute with UPEPA, the state has leaped from the back of the pack to one of the increasing numbers of states with the gold standard for an anti-SLAPP law.
The new law takes effect on August 28, 2026, and will apply to any relevant civil actions filed on or after that date.
Special thanks to the sponsors, Senator Mike Henderson and Representative Ben Keathley, as well as Representative Lane Roberts for adding it to SB835 and Senator Sandy Crawford for allowing it to be added. The Institute also thanks House Majority Leader Alex Riley, Senate Judiciary Chair Nick Schroer, and Governor Kehoe for recognizing the pressing need to protect their constituents from predatory litigation. Free speech is meaningless if exercising it comes at the cost of your livelihood.
The nationwide momentum for UPEPA is undeniable, and we look forward to working with lawmakers in the remaining states without a law or with substandard ones to ensure that every American’s right to speak freely is shielded from the courtroom bullies of the world.
To learn more about our country’s anti-SLAPP statutes, read the Institute’s 2025 Anti-SLAPP Report Card here.
