A bill for an act creating a special motion for expedited relief in actions involving the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, and including applicability provisions.(See HF 472.)
Summary
HSB116 creates Iowa’s version of the Uniform Public Expression Protection Act, a procedural law designed to quickly resolve civil claims that target protected speech and related First Amendment activity. It allows a defendant to file a special motion for expedited relief within 60 days after service of a qualifying claim, seeking dismissal of all or part of the action when the claim arises from communications in governmental proceedings, communications about matters under governmental review, or the exercise of speech, press, assembly, petition, or association rights on matters of public concern.
The bill also imposes an automatic stay on most other proceedings once the special motion is filed, sets expedited hearing and ruling deadlines, permits limited discovery only when necessary to resolve the motion, and allows an immediate appeal as of right if the motion is denied in whole or in part. If the moving party prevails, the court must award costs, attorney fees, and litigation expenses; if the responding party prevails and the motion was frivolous or intended to delay, the court must award those costs to the responding party. The act applies prospectively to civil actions filed or causes of action asserted on or after the effective date.
Impact
The bill would add a new chapter to Iowa Code, chapter 652, and create a new dismissal mechanism for certain civil claims commonly associated with anti-SLAPP protections. It would affect plaintiffs bringing defamation, retaliation, or other civil claims based on protected public expression, while also carving out exceptions for claims against governmental units, enforcement actions addressing imminent public health or safety threats, and certain claims tied to the sale or lease of goods or services. The bill is intended to be construed broadly and uniformly with other states adopting the same model act.
Sentiment
The available voting history suggests strong committee support: the House Judiciary Committee report passed 19-0. No committee transcript is provided, but the bill’s structure and the unanimous vote indicate a generally favorable view of the measure as a speech-protection and litigation-screening reform. The absence of recorded dissent in the available materials suggests broad agreement on the need for an expedited process for claims implicating public expression.
Contention
The main policy tension in the bill is between protecting constitutional speech and petition rights and preserving access to the courts for plaintiffs with legitimate claims. Potential points of contention include the automatic stay of discovery and proceedings, the early dismissal standard, and the fee-shifting provisions, which some may view as necessary deterrents against meritless suits and others may see as barriers to ordinary civil litigation. The bill also draws lines around exceptions for government enforcement and commercial communications, which could be debated in application to mixed speech-commercial conduct cases.
Replaced by
A bill for an act creating a special motion for expedited relief in actions involving the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, and including applicability provisions.
Replaced by
A bill for an act creating a special motion for expedited relief in actions involving the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, and including applicability provisions. (Formerly HSB 116.) Effective date: 07/01/2025. Applicability date: 07/01/2025.