Idaho joins states with anti-SLAPP laws, aimed at combatting frivolous lawsuits
Idaho Gov. Brad Little gives his annual State of the State address on Jan. 6, 2025, on the House floor at the Statehouse in Boise. (Pat Sutphin for the Idaho Capital Sun)
Idaho Gov. Brad Little has signed into law a bill that lawmakers say is intended to protect free speech by curtailing frivolous lawsuits.
The law is designed to combat frivolous strategic lawsuits against public participation, or SLAPP lawsuits.
The law — created through Senate Bill 1001 — would put lawsuits on hold if a party files an anti-SLAPP motion. The law would let the winning party recover attorney fees.
Little signed the bill Monday afternoon, according to the governor's office legislation tracker.
The Idaho anti-SLAPP law takes effect on Jan. 1, 2026.
Anti-SLAPP laws are in place in 35 states and the District of Columbia, according to a 2023 report by the Institute for Free Speech.
Both chambers of the Idaho Legislature passed the bill with bipartisan, nearly unanimous support — with only one vote in opposition.
Under the law, people who are subject to such lawsuits could file a new anti-SLAPP motion in court. The anti-SLAPP motion would freeze the case and allow a judge to quickly dismiss any lawsuit deemed by the judge to be frivolous.
On the other hand, if a judge decides the lawsuit was not frivolous, the case would resume and the case would play out as normal.
The bill was co-sponsored by Sen. Brian Lenney, R-Nampa, and Rep. Heather Scott, R-Blanchard.
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