Kentucky’s Anti-SLAPP Law: What You Need to Know About the Uniform Public Expression Protection Act
In 2022, Kentucky became one of the first states in the country to adopt a version of the Uniform Public Expression Protection Act (UPEPA), codified at KRS 454.462 through 454.478. The law provides a powerful procedural tool for defendants who are sued for exercising their rights to free speech, petition, or assembly on matters of public concern. If you’re unfamiliar with the term “SLAPP suit,” or if you’ve been hit with a lawsuit that feels like retaliation for speaking up, this is worth understanding.
What Is a SLAPP Suit?
SLAPP stands for “Strategic Lawsuit Against Public Participation.” These are lawsuits — often styled as defamation, tortious interference, or similar claims — that are filed not to vindicate a legitimate legal right, but to silence, intimidate, or financially burden someone for engaging in protected expression. The classic scenario involves a person or business suing someone who posted a critical review, spoke out at a public meeting, or reported potential wrongdoing.
The problem with SLAPP suits is that even when the underlying claims have no merit, the cost and stress of defending a lawsuit can be enough to achieve the plaintiff’s real goal: shutting down speech. Anti-SLAPP statutes are designed to short-circuit that dynamic.
How Kentucky’s UPEPA Works
Kentucky’s anti-SLAPP law allows a defendant to file a special motion to dismiss within 60 days of being served with a cause of action that arises from the defendant’s exercise of protected expression. KRS 454.466. Once that motion is filed, the process moves on an expedited timeline — discovery is stayed, and the court must rule on the motion promptly.
The burden-shifting framework is where the statute has real teeth. When a defendant files the motion, the court must first determine whether the claim arises from the defendant’s exercise of rights of freedom of speech, press, assembly, petition, or association on a matter of public concern. If so, the burden shifts to the plaintiff to show that each challenged claim is based on a prima facie case and is not barred by a valid defense. KRS 454.468. If the plaintiff can’t clear that bar, the claim gets dismissed.
The Fee-Shifting Provision
One of the most significant features of Kentucky’s anti-SLAPP law is mandatory fee-shifting. Under KRS 454.472, a court must award court costs, reasonable attorney’s fees, and reasonable litigation expenses to a prevailing movant on an anti-SLAPP motion. This isn’t discretionary — if you win the motion, the other side pays your fees. That provision alone fundamentally changes the calculus for plaintiffs considering a meritless lawsuit designed to punish speech.
A plaintiff who successfully defeats an anti-SLAPP motion can also recover fees if the court finds the motion was frivolous or filed solely to delay proceedings. KRS 454.472(2). The fee-shifting cuts both ways, which keeps the statute balanced.
What’s Covered — and What Isn’t
Kentucky’s version of UPEPA is broad. It covers oral or written statements, publications, artistic work, information gathering related to journalism, and even consumer reviews of businesses. KRS 454.462. The “matter of public concern” standard is expansive, encompassing issues related to health, safety, the environment, government, and public figures, among others.
That said, the statute carves out significant exceptions. It does not apply to certain property-related claims, personal injury and wrongful death claims, insurance claims, common law fraud, whistleblower actions, certain employment-related claims, or claims under the Kentucky Consumer Protection Act. KRS 454.474. These carve-outs are important — they ensure the statute targets genuine SLAPP suits without creating a blanket shield against all litigation.
Why This Matters for Kentucky Litigants
Whether you’re a defendant who believes you’ve been targeted with a retaliatory lawsuit for speaking out, or a plaintiff considering a claim that touches on someone’s public expression, Kentucky’s anti-SLAPP law is something you need to account for early in the case. The 60-day filing window is short, the discovery stay is automatic, and the fee-shifting consequences are real.
If you have questions about how the UPEPA might apply to your situation — on either side of the “v.” — call me at (859) 225-9540 or reach out through the contact form on this site.
Joseph D. Buckles is a civil litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
