South Dakota’s Inaugural Anti-SLAPP Statute

Key Takeaways

• South Dakota’s new Uniform Public Expression Protection Act, effective July 1, 2026, gives defendants in SLAPP suits a fast-track procedure for dismissal and fee recovery, expanding protections for free speech and public participation.
• Plaintiffs in South Dakota bringing claims based on public participation now risk early dismissal and paying the other side’s legal fees. It also introduces uncertainty in federal court, where its procedures may conflict with federal rules.
• Litigants in South Dakota should conduct thorough pre-suit investigations and be prepared to present evidence early.

South Dakota’s Uniform Public Expression Protection Act (“UPEPA”), effective July 1, 2026, is designed to combat Strategic Lawsuits Against Public Participation, commonly known as “SLAPP” suits. Until now, South Dakota was one of the few remaining states without an anti-SLAPP statute. The new law grants defendants facing SLAPP suits a special procedure for expedited dismissal