Bill Text: MS HB1268 | 2026 | Regular Session | Introduced

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Bill Title: The MS Uniform Public Expression Protection Act; create to regulate strategic lawsuits against public participation.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2026-02-03 - Died In Committee [HB1268 Detail]

Download: Mississippi-2026-HB1268-Introduced.html

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary A

By: Representative Mansell

House Bill 1268

AN ACT TO CREATE THE MISSISSIPPI UNIFORM PUBLIC EXPRESSION PROTECTION ACT; TO PROVIDE DEFINITIONS FOR THE ACT; TO REGULATE CIVIL ACTIONS AGAINST ANY PERSON WHO SPEAKS IN CERTAIN LEGISLATIVE, EXECUTIVE AND JUDICIAL SETTINGS; TO PROVIDE AN APPEALS PROCESS; TO PROVIDE THAT THIS ACT APPLIES TO ACTIONS FILED ON AND AFTER JULY 1, 2026; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  This act shall be known and may be cited as the "Mississippi Uniform Public Expression Protection Act".

     SECTION 2.  The following words shall have the meanings described herein unless the context otherwise indicates:

          (a)  "Goods or services" mean or include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work.

          (b)  "Governmental unit" means a public corporation or any state, county or municipal government, any state, county or municipal political subdivision or agency thereof.

     SECTION 3.  (1)  This act applies to a cause of action asserted in a civil action against a person based on any of the following:

          (a)  Communication in a legislative, executive, judicial, administrative, or other governmental proceeding;

          (b)  Communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or

          (c)  Exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the Constitution of the United States or the Constitution of the State of Mississippi, on a matter of public concern.

     (2)  This act shall not apply to any of the following causes of action asserted:

          (a)  Against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity.

          (b)  By a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety.

          (c)  Against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services.

     SECTION 4.  Not later than sixty (60) days after a party is served with a petition, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this act applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action.

     SECTION 5.  (1)  Except as otherwise provided in this act, on the filing of a motion under this act, all of the following apply:

          (a)  All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and

          (b)  On motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under this act. 

     (2)  A stay under this act shall remain in effect until entry of an order ruling on the motion under and expiration of the time under this act for the moving party to appeal the order.

     (3)  Except as otherwise provided in this act, if a party appeals from an order ruling on a motion under this act, all proceedings between all parties in the action are stayed.  The stay remains in effect until the conclusion of the appeal.

     (4)  During the period of a stay under this act, the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under this act, and the information is not reasonably available unless discovery is allowed.

     (5)  A stay under this section does not affect a party's ability to voluntarily dismiss a cause of action or part of a cause of action or move to sever a cause of action.

     (6)  During a stay under this section, the court for good cause may hear and rule on all of the following:

          (a)  A motion unrelated to the motion under this act; and

          (b)  A motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.

     (7)  A motion under this act for costs, attorney fees, and expenses is not subject to a stay under this section.

     SECTION 6.  (1)  The court shall hear a motion under this act not later than sixty (60)days after filing of the motion, unless the court orders a later hearing for any of the following:

          (a)  To allow discovery under this act.

          (b)  For other good cause.

     (2)  If the court orders a later hearing, the court shall hear the motion not later than sixty (60) days after the court order allowing the discovery, unless the court orders a later hearing under this act.

     SECTION 7.  In ruling on a motion under this act, the court shall consider the pleadings, the motion, any reply or response to  the motion, and any evidence that could be considered in ruling on a motion for summary judgment under the Mississippi Rules of Civil Procedure.

     SECTION 8.  (1)  In ruling on a motion under this act, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if all of the following are true:

          (a)  The moving party establishes that this act applies; or

          (b)  The responding party fails to establish that this chapter does not apply; and

          (c)  Any of the following are true:

              (i)  The responding party fails to establish a prima facie case as to each essential element of the cause of action.

              (ii)  The moving party establishes that any of the following:

          (a)  The responding party failed to state a cause of action upon which relief can be granted.

          (b)  There is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the action or part of an action.

     (2)  A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under this act does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under this act.

     (3)  A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under this act establishes for the purpose of this act that the moving party prevailed on the motion.

     SECTION 9.  (1)  The court shall rule on a motion under this act not later than sixty (60) days after a hearing.

     (2)  A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under this act.

     (3)  The appeal shall be filed not later than thirty (30) days after entry of the order.

     (4)  On a motion under this act, the court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion in the following circumstances: 

          (a)   To the moving party if the moving party prevails on the motion; and 

          (b)  To the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding. 

     SECTION 10.  This act shall be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the Constitution of the United States or the Constitution of the State of Mississippi.

     SECTION 11.  In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

     SECTION 12. The provisions of this act apply to a civil action filed on or after July 1, 2026.