Michigan
In December 2025, Michigan’s governor signed into law a version of the Uniform Public Expression Protection Act (“UPEPA”). The law, Mich. Comp. Laws §§ 691.1851–691.1863 (2025), went into effect on March 24, 2026, for any civil actions filed on or after that date. The Uniform Law Commission drafted UPEPA as a model law designed to prevent abusive litigation, known as strategic lawsuits against public participation or “SLAPPs,” aimed at silencing free speech through meritless defamation, privacy, or other nuisance claims. Previously, Michigan had no anti-SLAPP law.
Michigan’s new law applies broadly to suits based on a person’s exercise of speech, press, assembly, petition, or association rights “on a matter of public concern.” See MCL § 691.1852(1)(d)(iii). The law also applies to lawsuits based on a person’s communications in a legislative, executive, judicial, administrative, or other governmental proceeding and to communications on an issue under consideration by any of those bodies. Like the model statute, Michigan’s anti-SLAPP law exempts suits against people primarily engaged in the business of selling or leasing goods or services if the communications at issue are related to that business. Michigan’s anti-SLAPP law also exempts suits brought under a specific list of civil rights, employment, and labor statutes, including Michigan’s Elliott-Larsen Civil Rights Act, the Person with Disabilities Civil Rights Act, the Whistleblowers’ Protection Act, the Worker’s Disability Compensation Act, FOIA, federal Title VII, Title IX the ADEA, the ADA, the FMLA, and the FLSA. Employers cannot use a motion under the anti-SLAPP law to dismiss a discrimination, retaliation, or wage claim, even in matters where the underlying facts involve speech or petitioning.
Defendants have 60 days after a claim is brought to file a special motion for expedited relief to dismiss the suit. MCL § 691.1853. Once the motion is filed, all proceedings between the parties, including discovery, are automatically stayed, though the court may allow limited discovery if it relates to a material issue. MCL § 691.1854(1)(a), (4). The court must then hold a hearing on the motion within 60 days of filing, unless the court orders a later hearing to allow for discovery or for other good cause. MCL § 691.1855(1). The court must then rule withing 60 days of hearing argument on the motion. MCL § 691.1858.
To have the SLAPP dismissed, the defendant must first establish that their speech is covered by the anti-SLAPP law’s scope, and the plaintiff must fail to establish otherwise. MCL § 691.1857. Once that threshold is established, the court will dismiss the case if either (1) the plaintiff fails to establish a prima facie case as to each essential element of their claim; or (2) the defendant shows that the plaintiff has failed to state a claim upon which relief can be granted (the same standard used in a traditional motion to dismiss) or that there is no genuine issue of material fact and that the defendant is therefore entitled to judgment as a matter of law (the same standard used in a traditional motion for summary judgment). Id. If the court denies the anti-SLAPP motion, the defendant may appeal as of right within 21 days. MCL § 691.1859.
If the court grants the special motion to dismiss, it must award the defendant their court costs, attorney’s fees, and litigation expenses related to the motion. MCL § 691.1860. Notably, a defendant is considered to have prevailed for fee-shifting purposes if the plaintiff voluntarily dismisses the suit with prejudice after a special motion has been filed. MCL § 691.1857(3). A voluntary dismissal without prejudice does not affect a plaintiff’s right to obtain a ruling on the motion and seek costs, attorney fees, and expenses pursuant to the act. MCL § 691.1857(2). If the court denies the motion and finds it was frivolous or brought solely to delay the proceeding, the defendant is entitled to recover these fees from the plaintiff. MCL § 691.1860(b).
The statute provides that it should be interpreted and applied broadly to protect the exercise of constitutional rights. MCL § 691.1861.