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Anti-SLAPP legislation introduced in the Idaho Senate

Senator Brian Lenney debating a bill
James Dawson
/
Boise State Public Radio
State Sen. Brian Lenney (R-Nampa), right, introduced legislation Monday, Jan. 13, 2025, taking aim at frivolous lawsuits.

Idaho lawmakers will once again consider legislation meant to combat frivolous and expensive civil lawsuits.

Anti-SLAPP laws – the acronym stands for strategic lawsuits against public participation – target meritless lawsuits used by wealthy individuals or corporations to chill protected speech.

Sen. Brian Lenney’s (R-Nampa) bill would allow those being sued to ask for a hearing to determine if the suit is legitimate. If it isn’t, a judge could dismiss the lawsuit and award legal fees to the person bringing the motion.

Parties in a lawsuit can already file motions to dismiss cases, but those requests are typically handled later in the process, Lenney said.

“If you [consider dismissals] on the front end then you’re not racking up legal bills and being buried in court for God knows how long,” he said.

Lenney’s proposal would also hit pause for all other aspects of the lawsuit after a motion to dismiss is filed until the court rules whether the case can proceed.

As of July 2024, 34 states and Washington D.C. have passed similar laws according to the Reporters Committee for Freedom of the Press.

Those states include each of Idaho’s neighbors, Montana, Nevada, Oregon, Utah, Washington and Wyoming.

Lenney sponsored a similar proposal last year, which failed in the Senate 15-20. During the brief debate, opponents said the bill needed further refinement to fit within Idaho code and its civil rules of procedure.

The Senate Judiciary and Rules Committee introduced the bill Monday with unanimous support from both parties.

Lenney said after the hearing he expects the measure to clear the Senate this year and hopefully pass the House.

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I cover politics and a bit of everything else for Boise State Public Radio. Outside of public meetings, you can find me fly fishing, making cool things out of leather or watching the Seattle Mariners' latest rebuilding season.

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