What a Difference a Year Can Make!

In 2024, former Freedom Caucus member, Senator Brian Lenney, introduced a bill establishing an anti-SLAPP provision in Idaho, only to have it killed on the Senate floor due to what we call P3, petty personal politics.

But in 2025, after important candidate wins in the elections, a more conservative legislature took on a greater sense of unity and purpose, and Senate Bill 1001 sailed through both the Senate and the House nearly unanimously!

What is “SLAPP” anyway?

SLAPP stands for “Strategic Lawsuit Against Public Participation.” Essentially, it refers to lawsuits filed to silence individuals exercising their First Amendment rights.

Imagine leaving a negative review for a restaurant, only to be sued by the owner to have it removed. Or speaking out against your city council at a public meeting and being sued to shut you up. Or posting your opinions about political figures on social media, only to face a lawsuit threat unless you delete the posts.

These scenarios happen all too often. In many cases, defendants are forced to spend tens of thousands of dollars just to clear their names. The process itself becomes the punishment, even when a judge ultimately determines the lawsuit lacks merit.

An anti-SLAPP law, like the one proposed in S1001, empowers judges to dismiss baseless lawsuits early in the process.

Does this mean citizens could commit libel or slander without consequence? Absolutely not, these actions are still illegal. Anti-SLAPP laws simply allow judges to dismiss lawsuits at the outset if they are deemed frivolous and malicious, rather than requiring a lengthy and costly legal process involving motions, discovery, and endless hearings. Let’s hope once this becomes law, the judicial branch will embrace it and actively use it.

Idaho Freedom Caucus Members enthusiastically sponsored and supported this bill to protect your First Amendment rights!