HB 169 New Mexico House · 2025 Regular Session

PUBLIC EXPRESSION PROTECTION ACT

HB 169, the Public Expression Protection Act, creates a legal shield to dismiss civil lawsuits targeting speech on public issues by allowing defendants to file a "special motion" within 60 days of being sued, which pauses all other legal proceedings until the motion is resolved. The law applies to communications in government proceedings, speech on public matters, or exercise of free speech rights, but excludes government employees acting officially, public safety enforcement, and business sales communications (while protecting creative works like journalism). If the court rules the speech is protected and the plaintiff fails to show the law doesn’t apply, the case is dismissed without trial. This bill directly affects individuals, journalists, activists, and organizations engaging in public discourse by making it easier to end lawsuits that could suppress such speech.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
House Passage
Mar 2025
Senate Passage
Governor
Introduced Jan 28, 2025 Last action Jun 3, 2025
Maddy AI version diff · 1 comparison

What changed between versions

introduced version JC substitute · 9 edits
MAJOR
The bill was substantially rewritten from a generic 'Public Expression Protection Act' to the 'Uniform Public Expression Protection Act' to align with a national model law. The new version adds detailed findings and purposes explaining the need to prevent baseless lawsuits that chill free speech. It also expands the scope of protected activities, clarifies definitions, and adds specific procedural mechanisms for expedited dismissal of claims and automatic stays of related proceedings.
Scope change
The scope was expanded to explicitly include quasi-judicial proceedings and clarified to exclude commercial communications related to the sale or lease of goods and services, while adding a specific definition for 'goods or services' to exclude creative works.
REQUIREMENT

Added a new Section 2 with detailed legislative findings and purposes explaining that the act is intended to prevent abuse of the legal process through baseless civil lawsuits that burden individuals exercising First Amendment rights.

Added a new Section 5 requiring an automatic stay of all other proceedings, including discovery, once a special motion is filed, to prevent defendants from being burdened by parallel litigation.

Added a new Section 16 repealing existing sections 38-2-9.1 and 38-2-9.2 of the NMSA 1978, which were likely the previous version of this protection.

SCOPE

Changed the short title from 'Public Expression Protection Act' to 'Uniform Public Expression Protection Act' to indicate alignment with a national model law.

DEFINITION

Added specific definitions for 'goods or services' (excluding creative works) and 'governmental unit' to clarify the scope of exemptions.

ENFORCEMENT

Added a new Section 4 establishing a special motion for expedited relief to dismiss claims, allowing parties to seek dismissal within 60 days of being served.

Added a new Section 11 mandating that the court award court costs, reasonable attorney fees, and litigation expenses to the prevailing party on the motion.

TIMELINE

Added a new Section 6 requiring courts to hear motions pursuant to Section 4 within 60 days of filing, unless discovery or other good cause requires a later hearing.

Changed the effective date from an unspecified date in the original version to a specific date of July 1, 2025.

Floor votes · House Mar 15, 2025

How they voted

3922
Passed · 5 other
Total votes 66
Mar 15, 2025
D Democratic40
35 Yea 5
87% Yea
R Republican26
4 Yea 22 Nay
84% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
6
Key actions
3
Committee
2
Mar 16, 2025
Introduced
Sent to Senate Judiciary Committee
upper
Mar 15, 2025
Lower · Passed
passed House
lower
Feb 25, 2025
Lower · Passed
DO NOT PASS, replaced with committee substitute
lower
Feb 12, 2025
Lower · Passed
DO PASS committee report adopted
lower
Jan 28, 2025
Introduced
Sent to House Consumer & Public Affairs Committee & House Judiciary Committee
lower
4 primary · 0 co-sponsors

Sponsors