Anti-SLAPP States: Which States Protect Free Speech From Lawsuits (2026)
An anti-SLAPP law lets you quickly throw out a lawsuit filed just to silence you. 40 states plus DC have one — here’s what they do, which states still don’t, and why it matters.
On this page
An anti-SLAPP law lets you quickly throw out a lawsuit that was filed not to win, but to silence you — to bury a critic, journalist, or reviewer in legal costs until they shut up. As of 2026, 40 states plus DC have one. Here's what they do, which 10 states still don't, and why it matters for anyone who speaks publicly.
The short version
- A SLAPP is a lawsuit meant to silence speech through legal costs, not to win on the merits.
- An anti-SLAPP law lets the target dismiss it fast — often recovering attorney's fees.
- 40 states plus DC have an anti-SLAPP law; 10 still don't.
- Strength varies widely; the Uniform Public Expression Protection Act (UPEPA) is the modern model.
What is an anti-SLAPP law?
SLAPP stands for "Strategic Lawsuit Against Public Participation." It's a lawsuit — usually for defamation — filed by someone with deep pockets against a person who criticized them, reviewed their business, reported on them, or spoke at a public meeting. The point isn't to win; it's to make speaking so expensive and stressful that the target (and everyone watching) backs down.
An anti-SLAPP law is the antidote. It lets the target file an early motion to dismiss, pause expensive discovery, and — in many states — recover their attorney's fees if they win.
Which states have no anti-SLAPP law?
These ten states still have no anti-SLAPP law on the books:
States with no anti-SLAPP law
10 · June 2026States that still lack an anti-SLAPP law — the tool that lets a defendant quickly dismiss a meritless lawsuit filed to silence speech or punish criticism.
- ALAlabama
- AKAlaska
- MSMississippi
- NHNew Hampshire
- NCNorth Carolina
- NDNorth Dakota
- SCSouth Carolina
- WVWest Virginia
- WIWisconsin
- WYWyoming
40 states plus DC have an anti-SLAPP law; these are the holdouts. The trend is toward the Uniform Public Expression Protection Act (UPEPA).
In these states, even a baseless censorship suit can drag on for months or years, racking up legal bills before a judge ever rules — exactly the chilling effect anti-SLAPP laws are designed to prevent.
How anti-SLAPP laws work
The mechanics differ by state, but a strong anti-SLAPP law generally:
- Lets the defendant file a special motion to dismiss early in the case.
- Pauses discovery while the motion is pending, so costs don't pile up.
- Puts the burden on the plaintiff to show their case has real merit.
- Awards attorney's fees to the defendant if the suit is tossed.
How states rank on free speech
Anti-SLAPP protection is one of the clearest signals of how seriously a state takes free expression — one input into our First Amendment score, alongside shield laws and campus speech:
- 1OROregon8.0A-
- 2CACalifornia8.0A-
- 3NYNew York8.0A-
- 4NHNew Hampshire7.5B+
- 5MNMinnesota7.5B+
- 6VTVermont7.5B+
- 7COColorado7.5B+
- 8CTConnecticut7.5B+
- 9WAWashington7.5B+
- 10ILIllinois7.5B+
See all 50 states ranked on free speech
Anti-SLAPP, press shield laws, campus speech, and transparency — the full First Amendment ranking with a map.
The push for a national standard
Because state protections are so uneven, reformers have rallied around the Uniform Public Expression Protection Act (UPEPA) — model legislation that provides strong, consistent anti-SLAPP protection. A growing number of states have adopted it, and the trend is clearly toward broader coverage. There's no federal anti-SLAPP law yet, so for now the protection you get depends entirely on which state you're sued in.
Frequently asked questions
What is an anti-SLAPP law?
An anti-SLAPP law lets a defendant quickly dismiss a “Strategic Lawsuit Against Public Participation” — a meritless suit filed not to win, but to burden, intimidate, and silence someone for their speech or petitioning. It shifts the legal cost back onto the filer.
How many states have anti-SLAPP laws?
As of 2026, 40 states plus the District of Columbia have an anti-SLAPP law. Ten states still have none: Alabama, Alaska, Mississippi, New Hampshire, North Carolina, North Dakota, South Carolina, West Virginia, Wisconsin, and Wyoming.
Do all anti-SLAPP laws protect the same speech?
No — they vary widely. Some, like California’s, broadly protect speech on any public issue; others, like Massachusetts’s, mainly cover petitioning the government. The Uniform Public Expression Protection Act (UPEPA) is the modern model many states are adopting.
What does an anti-SLAPP law actually do for me?
It lets you file an early motion to dismiss, often pauses costly discovery, and in many states lets you recover your attorney’s fees if you win — turning a tool of intimidation into a fast off-ramp.
Sources
Free Speech by State: all 50 ranked
See where every state lands on First Amendment freedom, with a color-coded map.
Who represents you?
Enter your ZIP code to see your US House representative, senators, and governor — with their voting records, donors, and integrity scores.