Effective April 9, 2025, Ohio has enacted its first Anti-SLAPP statute, codified at R.C. 2747.01 to 2747.06. “SLAPP” stands for Strategic Lawsuit Against Public Participation. These types of claims are often filed by individuals, businesses, or organizations in response to speech or expressive activity—such as public criticism, online commentary, or media reporting—that they allege has caused reputational or other harm. Commonly, these lawsuits take the form of defamation or similar tort claims. Defendants are frequently journalists, advocacy groups, public commentators, or private individuals engaging in speech on matters of public interest. In some instances, the litigation may also serve to discourage further commentary or participation in public discourse by the defendant or others.
Ohio’s new statute is based on the Uniform Public Expression Protection Act (UPEPA) and is intended to provide an early mechanism for the dismissal of such claims when they arise from a person’s communication on a matter of public concern or participation in a governmental proceeding. The law allows a defendant to file a motion for expedited relief within 60 days of being served. Once such a motion is filed, the case between the moving and responding parties is stayed, including discovery and other proceedings.
The court must then hold a hearing within 60 days. If it finds that the law applies and the claim does not meet certain threshold legal standards—such as failing to state a cause of action or lacking a prima facie showing of the necessary elements—it may dismiss the claim with prejudice. In that case, the moving party is entitled to an award of attorney’s fees, court costs, and litigation expenses. Denials of such motions are immediately appealable, and if a court determines that a motion was frivolous, it may award fees to the responding party.
The statute applies to civil actions filed on or after April 9, 2025, and includes exceptions for certain categories of claims, including actions against government entities, enforcement actions involving public health or safety, and claims related to bodily injury or commercial transactions. While views differ on the broader impact of such statutes, Ohio’s law establishes a defined process for resolving claims that implicate public expression rights at an early stage of litigation.
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This document is provided for informational purposes only and should not be relied upon as legal or tax advice.