Michigan has enacted a sweeping new anti‑SLAPP statute designed to protect individuals and organizations from lawsuits that target constitutionally protected speech. The law creates a mechanism for early dismissal of claims arising from a person’s exercise of free‑speech rights on matters of public concern, including statements made in public forums, communications with government bodies, and participation in civic processes. By establishing a clear framework for identifying and disposing of “Strategic Lawsuits Against Public Participation,” the Act brings Michigan in line with the growing number of states adopting modern anti‑SLAPP protections.
Under the new law, defendants may file a special motion to dismiss, triggering an automatic stay of discovery and shifting the burden to the plaintiff to demonstrate a likelihood of prevailing on the claim. Courts must prioritize these motions and rule promptly, reducing the cost and burden of defending against meritless litigation. The Act also authorizes courts to award attorney’s fees and costs to prevailing defendants, creating a strong deterrent against the use of lawsuits to silence critics, whistleblowers, or individuals engaged in public advocacy.
For employers, public‑facing organizations, and HR professionals, the law has practical implications. Employees who speak out on workplace safety, discrimination, public‑policy issues, or other matters of public interest may now have enhanced protections if they face retaliatory litigation. Employers should review their dispute‑resolution strategies, ensure that internal policies do not inadvertently chill protected speech, and consult counsel before initiating defamation or related claims.
The new law is effective March 24, 2026.