Effective March 24, 2026, Michigan joined a growing number of states in providing comprehensive legal protections against “Strategic Lawsuits Against Public Participation” (SLAPP). Public Act 52 of 2025, which is codified at Michigan Compiled Laws Sections 691.1851 through 691.1863, creates a critical procedural hurdle for plaintiffs attempting to use the court system to silence or retaliate against individuals and business entities exercising their First Amendment rights.
Key Provisions of Public Act 52
The new law introduces several mechanisms designed to end retaliatory litigation at the earliest possible stage:
- Special Motion to Dismiss: Defendants may now file a “special motion for expedited relief,” MCL § 691.1853, to dismiss a SLAPP suit within 60 days of service. This motion requires the court to determine whether the claim arises from, among other things, the defendant’s exercise of the right to free speech or the right to petition the government on a matter of public concern.
- Automatic Stay of Discovery: Once a special motion to dismiss is filed, all discovery in the case is automatically stayed. MCL § 691.1854(1)(a). This prevents plaintiffs from using the costly and time-consuming discovery process as a tool for financial attrition.
- Fee-Shifting Provisions: In a significant departure from the “American Rule” whereby litigants pay their own legal fees, Public Act 52 requires the court to award reasonable attorney fees and costs to a moving party who prevails on a special motion to dismiss. If a plaintiff voluntarily dismisses their suit with prejudice in response to a defendant’s special motion for expedited relief, the defendant is considered to have prevailed for such purposes. MCL § 691.1857(3). This provision should act as a powerful deterrent against the filing of frivolous, speech-restrictive claims.
- Expedited Hearing: Courts are required to hold a hearing on the special motion to dismiss within 60 days of filing, MCL § 691.1855(1), ensuring that protected speech is not chilled by years of protracted litigation. Courts must also rule on the special motion for expedited relief no later than 60 days after such hearing. MCL § 691.1858.
The ability to invoke Public Act 52 depends on timely action and a clear demonstration that the speech in question involves a “matter of public concern,” MCL § 691.1852(1)(d)(iii), a term the Michigan courts may begin to define in this new statutory context.
Impact on Business Litigation
By providing an expedited path to dismissal and the recovery of legal fees, the law ensures that businesses can engage in necessary public advocacy and competitive discourse without the looming threat of frivolous yet costly challenges.
For more information on how this new law may impact your business or pending litigation, please contact Wolfson Bolton Kochis attorney Chris Pullman.
