Anti-SLAPP Practice: Mastering the Uniform Public Expression Protection Act

Course Description

Anti-SLAPP laws operate to quickly terminate meritless litigation in derogation of a person’s free speech and related rights. The single largest body of Anti-SLAPP law in the world is found in the Uniform Public Expression Protection Act (“UPEPA”), which was drafted from a distillation of the better parts of existing state Anti-SLAPP laws. This course carefully examines the UPEPA and its statutory scheme, as well as discusses significant court opinions which have interpreted the UPEPA.

Principles

• Understanding the Scope of UPEPA Protection — Identify the types of claims and cases that fall within the Uniform Public Expression Protection Act’s protections, particularly litigation implicating speech, public expression, and related protected activities.
• Mastering the UPEPA Special Motion — Understand the procedural mechanics, requirements, timing, burdens, and strategic considerations involved in bringing and opposing a UPEPA special motion.
• Applying UPEPA Through Case Law — Analyze significant judicial decisions interpreting the UPEPA and use those decisions to understand how courts apply the statute to different factual and legal circumstances.
• Evaluating Appellate Rights and Litigation Strategy — Understand when and how UPEPA rulings may be appealed and how appellate considerations should influence strategy at the trial-court level.
• Understanding Attorney Fee Awards and Litigation Consequences — Evaluate the statutory framework governing attorney fees and other consequences associated with UPEPA motions, including how fee-shifting can affect the risks and strategic decisions of both plaintiffs and defendants.

Syllabus

1. The type of cases that fall within the scope of the UPEPA’s protections
2. Mechanics of the UPEPA special motion
3. Appeal Rights and Attorney Fee Awards