Uniform Public Expression Protection Act

Del. Code tit. 10, ch. 60
in effect

Del. Code tit. 10, § 6002 Scope.

(a) In this section: (1) “Goods or services” does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work. (2) “Governmental unit” means a public corporation or government or governmental subdivision, agency, or instrumentality. (3) “Person” means an individual, estate, business or nonprofit entity, governmental unit, or other legal entity. (b) Except as otherwise provided in subsection (c) of this section, this chapter applies to a cause of action asserted in a civil action against a person based on the person’s: (1) Communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (2) Communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or (3) Exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States Constitution or Delaware’s Constitution, on a matter of public concern. (c) Except as provided in subsection (d) of this section, this chapter does not apply to a cause of action: (1) Against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; (2) By a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law, regulation, or ordinance; (3) Against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person’s sale or lease of the goods or services; (4) Based on a common law fraud claim; or (5) Alleging a violation of either subchapter II or III of Chapter 25 of Title 6. (d) This chapter applies to a cause of action asserted under paragraph (c)(3), (4), or (5) of this section when the cause of action is a legal action against a person related to the communication, gathering, receiving, posting, or processing of consumer opinions or commentary, evaluations of consumer complaints, or reviews or ratings of businesses.

Del. Code tit. 10, § 6003 Special motion for expedited relief.

Not later than 60 days after a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action.

Del. Code tit. 10, § 6004 Stay.

(a) Except as otherwise provided in subsections (d) through (g) of this section, on the filing of a motion under § 6003 of this title: (1) All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and (2) On motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under § 6003 of this title. (b) A stay under subsection (a) of this section remains in effect until entry of an order ruling on the motion under § 6003 of this title and expiration of the time under § 6009 of this title for the moving party to appeal the order. (c) Except as otherwise provided in subsections (e), (f), and (g) of this section, if a party appeals from an order ruling on a motion under § 6003 of this title, all proceedings between all parties in the action are stayed. The stay remains in effect until the conclusion of the appeal. (d) During a stay under subsection (a) of this section, the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under § 6007(a) of this title and the information is not reasonably available unless discovery is allowed. (e) A motion under § 6010 of this title for costs, attorneys’ fees, and expenses is not subject to a stay under this section. (f) A stay under this section does not affect a party’s ability voluntarily to dismiss a cause of action or part of a cause of action or move to sever a cause of action. (g) During a stay under this section, the court for good cause may hear and rule on: (1) A motion unrelated to the motion under § 6003 of this title; and (2) A motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.

Del. Code tit. 10, § 6005 Hearing.

(a) The court shall hear a motion under § 6003 of this title not later than 60 days after filing of the motion, unless the court orders a later hearing: (1) To allow discovery under § 6004(d) of this title; or (2) For other good cause. (b) If the court orders a later hearing under paragraph (a)(1) of this section, the court shall hear the motion under § 6003 of this title not later than 60 days after the court order allowing the discovery, unless the court orders a later hearing under paragraph (a)(2) of this section.

Del. Code tit. 10, § 6006 Proof.

In ruling on a motion under § 6003 of this title, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment.

Del. Code tit. 10, § 6007 . Dismissal of cause of action in whole or part.

(a) In ruling on a motion under § 6003 of this title, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: (1) The moving party establishes under § 6002(b) or (d) of this title that this chapter applies; (2) The responding party fails to establish under § 6002(c) of this title that this chapter does not apply; and (3) Either: a. The responding party fails to establish a prima facie case as to each essential element of the cause of action; or b. The moving party establishes that: 1. The responding party failed to state a cause of action upon which relief can be granted; or 2. There is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action. (b) A voluntary dismissal without prejudice of a responding party’s cause of action, or part of a cause of action, that is the subject of a motion under § 6003 of this title does not affect a moving party’s right to obtain a ruling on the motion and seek costs, attorneys’ fees, and expenses under § 6010 of this title. (c) A voluntary dismissal with prejudice of a responding party’s cause of action, or part of a cause of action, that is the subject of a motion under § 6003 of this title establishes for the purpose of § 6010 of this title that the moving party prevailed on the motion.

Del. Code tit. 10, § 6008 Ruling.

The court shall rule on a motion under § 6003 of this title not later than 60 days after a hearing under § 6005 of this title.

Del. Code tit. 10, § 6009 Appeal.

A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under § 6003 of this title. The appeal must be filed not later than 10 days after entry of the order.

Del. Code tit. 10, § 6010 Costs, attorneys’ fees, and expenses.

(a) On a motion under § 6003 of this title, the court shall award court costs, reasonable attorneys’ fees, and reasonable litigation expenses related to the motion: (1) To the moving party if the moving party prevails on the motion; or (2) To the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding. (b) On a motion under § 6003 of this title, the court shall award punitive damages to the moving party if: (1) The moving party prevails on the motion; and (2) The court finds that the moving party has demonstrated that the responding party’s cause of action was commenced or continued for the purpose of harassing, intimidating, punishing, or otherwise maliciously inhibiting the moving party’s free exercise of speech, petition, or association rights.

Del. Code tit. 10, § 6011 Construction.

This chapter must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution or Delaware Constitution.

Del. Code tit. 10, § 6012 Uniformity of application and construction.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Del. Code tit. 10, § 6013 Transitional provision.

This chapter applies to a civil action filed or cause of action asserted in a civil action on or after September 15, 2025.

Del. Code tit. 10, § 6014 Savings clause.

This chapter does not affect a cause of action asserted before September 15, 2025, in a civil action or a motion under §§ 8136 through 8138 of this title regarding the cause of action.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title10/c060/index.htmlFetched: 6/28/2026

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