HOUSE BILL 169
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Andrea Romero and Eleanor Chávez and Harold Pope
AN ACT
RELATING TO COURTS; ENACTING THE PUBLIC EXPRESSION PROTECTION ACT; ENACTING AND REPEALING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Public Expression Protection Act".
SECTION 2. [NEW MATERIAL] SCOPE.--
A. Except as otherwise provided in Subsection B of this section, the Public Expression Protection Act 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 the constitution of New Mexico, on a matter of public concern.
B. The Public Expression Protection Act does not apply to a cause of action asserted:
(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 to protect against an imminent threat to public health or safety; or
(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.
C. The Public Expression Protection Act is intended to confer substantive immunity from suit, and not merely immunity from liability, for any cause of action concerning protected speech or communication pursuant to that act.
D. As used 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; and
(2) "governmental unit" means a public corporation or government or governmental subdivision, agency or instrumentality.
SECTION 3. [NEW MATERIAL] SPECIAL MOTION FOR EXPEDITED RELIEF.--Not later than sixty days after a party is served with a complaint, petition, cross claim, counterclaim, third-party claim or other pleading that asserts a cause of action to which the Public Expression Protection Act 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.
SECTION 4. [NEW MATERIAL] STAY.--
A. Except as otherwise provided in Subsections D through G of this section, upon the filing of a motion pursuant to Section 3 of the Public Expression Protection Act:
(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 pursuant to Section 3 of the Public Expression Protection Act.
B. A stay pursuant to Subsection A of this section remains in effect until entry of an order ruling on the motion pursuant to that section and expiration of the time pursuant to Section 9 of the Public Expression Protection Act 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 pursuant to Section 3 of the Public Expression Protection Act, 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 pursuant to 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 pursuant to Subsection A of Section 7 of the Public Expression Protection Act and the information is not reasonably available unless discovery is allowed.
E. A motion pursuant to Section 10 of the Public Expression Protection Act for costs, attorney fees and expenses is not subject to a stay pursuant to this section.
F. A stay pursuant to this section does not affect a party's ability to voluntarily dismiss a cause of action or part of a cause of action or move to sever a cause of action.
G. During a stay pursuant to this section, the court for good cause may hear and rule on:
(1) a motion unrelated to the motion pursuant to Section 3 of the Public Expression Protection Act; and
(2) a motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.
SECTION 5. [NEW MATERIAL] HEARING.--
A. The court shall hear a motion pursuant to Section 3 of the Public Expression Protection Act not later than sixty days after filing of the motion, unless the court orders a later hearing:
(1) to allow discovery pursuant to Subsection D of Section 4 of the Public Expression Protection Act; or
(2) for other good cause.
B. If the court orders a later hearing pursuant to Paragraph (1) of Subsection A of this section, the court shall hear the motion pursuant to Section 3 of the Public Expression Protection Act not later than sixty days after the court order allowing the discovery, unless the court orders a later hearing pursuant to Paragraph (2) of Subsection A of this section.
SECTION 6. [NEW MATERIAL] PROOF.--In ruling on a motion pursuant to Section 3 of the Public Expression Protection Act, 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 to dismiss, motion for judgment on the pleadings or motion for summary judgment.
SECTION 7. [NEW MATERIAL] DISMISSAL OF CAUSE OF ACTION IN WHOLE OR IN PART.--
A. In ruling on a motion pursuant to Section 3 of the Public Expression Protection Act, the court shall dismiss with prejudice a cause of action or part of a cause of action if:
(1) the moving party establishes pursuant to Subsection A of Section 2 of that act that the Public Expression Protection Act applies;
(2) the responding party fails to establish pursuant to Subsection B of Section 2 of that act that the Public Expression Protection Act 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 pursuant to Section 3 of the Public Expression Protection Act does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees and expenses pursuant to Section 10 of that act.
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 pursuant to Section 3 of the Public Expression Protection Act establishes for the purpose of Section 10 of that act that the moving party prevailed on the motion.
SECTION 8. [NEW MATERIAL] RULING.--The court shall rule on a motion pursuant to Section 3 of the Public Expression Protection Act not later than sixty days after a hearing pursuant to Section 5 of that act.
SECTION 9. [NEW MATERIAL] APPEAL.--A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion pursuant to Section 3 of the Public Expression Protection Act. The appeal must be filed not later than thirty days after entry of the order.
SECTION 10. [NEW MATERIAL] COSTS, ATTORNEY FEES AND EXPENSES.--On a motion pursuant to Section 3 of the Public Expression Protection Act, the court shall award court costs, reasonable attorney fees and reasonable litigation expenses related to the motion:
A. to the moving party if the moving party prevails on the motion; or
B. 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.
SECTION 11. [NEW MATERIAL] CONSTRUCTION.--The Public Expression Protection Act shall 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 and the constitution of New Mexico.
SECTION 12. [NEW MATERIAL] UNIFORMITY OF APPLICATION AND CONSTRUCTION.--In applying and construing the Public Expression Protection Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
SECTION 13. [NEW MATERIAL] APPLICABILITY.--The Public Expression Protection Act applies to a civil action filed or cause of action asserted in a civil action on or after the effective date of that act.
SECTION 14. [NEW MATERIAL] SAVING CLAUSE.--The Public Expression Protection Act does not affect a cause of action asserted before the effective date of that act in a civil action or a motion pursuant to Section 38-2-9.1 NMSA 1978.
SECTION 15. REPEAL.--Sections 38-2-9.1 and 38-2-9.2 NMSA 1978 (being Laws 2001, Chapter 218, Sections 2 and 1) are repealed.
SECTION 16. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.
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