SB 80 DE Became Law
AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE UNIFORM PUBLIC EXPRESSION PROTECTION ACT.
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Summary
This Act adopts the Uniform Public Expression Protection Act ("the Act") authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Act was adopted by the Uniform Law Commission in October 2020 and has been adopted in 10 states, including New Jersey and Pennsylvania, and is currently pending in 10 states. The Act protects the public’s right to engage in activities protected by the First Amendment without abusive, expensive legal retaliation. Specifically, the Act combats the problem of strategic lawsuits against public participation, also called “SLAPPs.” A SLAPP may come in the form of a defamation, invasion of privacy, nuisance, or other claim, but its real goal is to entangle the defendant of a SLAPP in expensive litigation and stifle the ability to engage in constitutionally protected activities. While Delaware has an “anti-SLAPP” law (see §§ 8136 through 8138 of Title 10 of the Delaware Code), the law received a score of “D-” from the Institute for Free Speech due to limited types of speech it protects and lack of basic protections provided by the Act.
Sponsors (12)
- Spiros Mantzavinos Democratic · primary
- Brian Pettyjohn Republican · primary
- Bryan Townsend Democratic · primary
- Bryant L. Richardson Republican · primary
- Daniel B. Short Republican · primary
- Russell Huxtable Democratic · primary
- David P. Sokola Democratic · primary
- John "Jack" Walsh Democratic · primary
- David L. Wilson Republican · primary
- Mara Gorman Democratic · primary
- Nicole Poore Democratic · primary
- Cyndie Romer Democratic · primary
Action history (12)
- Mar 25, 2025 Introduced and Assigned to Executive Committee in Senate · upper
- May 7, 2025 Reported Out of Committee (Executive) in Senate with 5 Favorable, 1 On Its Merits · upper
- May 14, 2025 Passed By Senate. Votes: 20 YES 1 ABSENT · upper
- May 15, 2025 Assigned to Judiciary Committee in House · lower
- Jun 11, 2025 Reported Out of Committee (Judiciary) in House with 7 On Its Merits · lower
- Jun 18, 2025 Amendment HA 1 to SB 80 - Introduced and Placed With Bill · upper
- Jun 25, 2025 Amendment HA 2 to SB 80 - Introduced and Placed With Bill · upper
- Jun 25, 2025 Amendment HA 1 to SB 80 - Stricken in House · lower
- Jun 25, 2025 Amendment HA 2 to SB 80 - Passed In House by Voice Vote · lower
- Jun 25, 2025 Passed By House. Votes: 38 YES 1 NOT VOTING 1 ABSENT 1 VACANT · lower
- Jun 26, 2025 Passed By Senate. Votes: 21 YES · upper
- Sep 15, 2025 Signed by Governor · executive
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