Missouri Press Association
Serving Missouri Newspapers Since 1867
Strong, real, effective anti-SLAPP law is on the verge of becoming reality in Missouri.
For years Missouri’s anti-SLAPP statute has been a puny thing. The version currently on the books, Mo. Rev. Stat. § 537.528 offers only painfully narrow protections, limiting its provisions only to conduct or speech at public hearings. That left huge gaps: online comments, social media posts, letters to the editor, investigative enterprise reporting not tied directly to a specific hearing, and much of the day-to-day accountability journalism that defines local papers. Nationally, Missouri’s law was ranked one of the weakest.
For small publishers, this weakness translated directly into self-censorship. Consider a typical scenario in rural Missouri. Your paper accepts a letter to the editor critical of a development plan and the politicians who let it happen.
Next thing you know, the paper gets threatened with a defamation suit claiming the stories “falsely implied” wrongdoing. Missouri’s current law would likely be of no avail. If a lawsuit were to be filed, the disruption would be significant. Discovery drags on for months or years — depositions of your reporters, demands for internal emails, subpoenas for sources.
Even with insurance, legal bills mount.* And the battle leaves you emotionally spent. When you ultimately prevail, the process has punished you for doing your job. And then the next time a letter gets submitted, you begin to have second thoughts.
A single protracted suit can force settlements on principle alone or, worse, deter future tough stories. The result? Communities lose watchdogs. Corruption goes unchecked. Public officials and powerful interests operate with less scrutiny.
But there’s real hope. Enter UPEPA — the Uniform Public Expression Act. Your press association has long pressed for Missouri’s adoption of legislation based upon this model statute. And now it is on the very threshold of becoming law. Last month, Senate Bill 1067, championed by Sen. Mike Henderson (R-Desloge), passed both chambers and now only needs the governor’s signature.
The new law does four good things:
First, it provides an early motion to dismiss. This allows an early exit from a baseless lawsuit.
Second, it provides for an interlocutory appeal — meaning that a newspaper could immediately appeal any decision to deny the motion to dismiss. This gets a second pair of eyes — actually three extra pairs, given the three-member appeals panels — on the case right away before the costs of litigation begin to mount.
Third, and perhaps most significantly, it provides a mechanism for a newspaper wrongly sued to recover its attorneys fees. This provision alone significantly alters the calculation for the would-be plaintiff looking to punish a newspaper. The Institute for Free Speech estimates the median cost of defending a meritless defamation in court to be nearly $40,000. It could easily be more. That cost will now potentially be borne by the losing plaintiff.
Fourth and finally, the new law specifically mentions that it applies to the exercise of the freedom of the press along with other expressive rights. While the law offers increased protection for all citizens, it is good to see the special role of the press recognized in the law.
After years of persistent effort, this new, improved anti-SLAPP law has finally arrived at the doorstep of becoming law.
*Acquiring insurance is still a great idea!
