Kansas: Anti-SLAPP Laws

The short answer

Kansas's Public Speech Protection Act, K.S.A. 60-5320, has protected
speech, petitioning, and association activity since 2016 and hasn't
changed since. If you're sued over a communication connected to a public
issue or issue of public interest, or over petitioning or associational
activity, you can file a motion to strike within 60 days of service. A
hearing must happen within 30 days after that, and filing the motion
stays discovery. You first make a prima facie showing the claim targets
protected activity; the other side then has to come forward with
substantial competent evidence showing a likelihood of prevailing. A
prevailing movant recovers fees and costs as a matter of course, and if
the motion is denied, the statute gives you an express right to an
immediate appeal — but you only have 14 days to file it.

Requirements one by one

Governing law

Kansas's anti-SLAPP law is the Public Speech Protection Act, K.S.A.
60-5320, enacted in 2016 and never amended since. Unlike the newer wave
of states adopting the Uniform Law Commission's model act across a
multi-section chapter, Kansas's law is a single, comprehensive statutory
section modeled more on the older Texas Citizens Participation Act
approach.

What speech or conduct is protected

The Act covers three rights. The exercise of free speech reaches any
communication connected to a "public issue or issue of public interest,"
a term defined broadly to include health or safety, environmental,
economic, or community well-being, the government, a public official or
public figure, or a good, product, or service in the marketplace. The
right to petition covers a long list of communications in or about
judicial, legislative, executive, or other official proceedings, public
meetings, and communications reasonably likely to encourage or enlist
review of an issue by such a body. The right of association covers
communications among people who join together to collectively express,
promote, pursue, or defend common interests.

The motion to strike

File within 60 days of being served with the most recent complaint,
though the court can allow a later filing on its own terms. The court
must hold a hearing within 30 days after the motion is served. Filing
the motion automatically stays all discovery, other motions, and pending
hearings until the court rules — the only exception is specified, limited
discovery the court allows on a showing of good cause.

Burden of proof

The movant first makes a prima facie showing that the challenged claim
concerns the movant's exercise of free speech, petition, or association
rights. If that's shown, the burden shifts to the responding party to
establish a likelihood of prevailing on the claim by presenting
substantial competent evidence supporting a prima facie case — if the
responding party clears that bar, the court must deny the motion. A
court's ruling on this likelihood-of-prevailing question can't be used as
evidence later in the case, and it doesn't change the burden of proof
that applies going forward.

Attorney's fees

A prevailing movant gets mandatory costs of litigation and reasonable
attorney fees, plus whatever additional relief — including sanctions
against the responding party and its lawyers — the court finds necessary
to deter the same conduct by others. Going the other way, if the court
finds the motion to strike itself was frivolous or filed solely to cause
delay, it must award the responding party reasonable attorney fees and
costs tied to the motion.

Right to appeal

Kansas's statute creates an express appeal mechanism, rather than relying
on general appellate procedure. If the trial court denies the motion, the
movant can file an interlocutory appeal — but the notice of appeal is due
within just 14 days of the order, a much shorter window than most other
states use. If the trial court simply fails to rule on the motion
promptly, the movant can instead petition for a writ of mandamus. Either
way, further trial-court proceedings are stayed while the appeal or writ
petition is pending.

Exemptions

The Act doesn't apply to a government enforcement action brought by the
attorney general or a district or county attorney, to a claim against
someone primarily in the business of selling or leasing goods or services
where the claim arises from that sale, lease, or a related insurance
product or commercial transaction aimed at a buyer, or to a claim under
the Kansas insurance code or arising from an insurance contract. But the
commercial-speech exemption has its own carve-back: it doesn't reach a
claim based on creating or promoting a dramatic, literary, musical,
political, or artistic work — including a movie, TV program, or newspaper
or magazine article. A government contractor found in violation also
triggers a mandatory report to the head of the relevant government
entity.

What trips people up

The appeal deadline is only 14 days, not 30 or 60. Kansas's
interlocutory-appeal window is one of the shortest of any anti-SLAPP
statute — don't assume you have the same time you'd get in a
neighboring state.

There is an express statutory right to appeal a denial. Some
secondary materials describe Kansas as lacking a built-in interlocutory
appeal right and point instead to Kansas's general permissive-appeal
procedure. The statute's own text says otherwise: § 60-5320(f) gives the
movant a specific right to an interlocutory appeal from a denial, plus a
mandamus option if the court simply doesn't rule — don't go looking for a
harder, discretionary route when a direct one exists.

The commercial-speech exemption has its own exception. Even if a
claim looks like it targets a business's sale of goods or services, the
exemption doesn't reach claims based on creative, journalistic, or
artistic work — a movie, a published article, or similar promotion stays
protected even near the edge of that carve-out.

Common questions

If my motion to strike is denied, how fast do I need to appeal?
Within 14 days of the order — file promptly, since this window is shorter
than in most other anti-SLAPP states.

Does this cover my negative review of a local business? Possibly, but
check the commercial-speech exemption first: if the business is primarily
engaged in selling the goods or services your review discusses, the
exemption may apply, unless your statement is more like journalism,
commentary, or artistic expression rather than a straightforward
transactional dispute.

What if the court just never rules on my motion? The statute gives
you a specific remedy for that too — you can petition for a writ of
mandamus to force an expedited ruling, rather than waiting indefinitely.

Statutes and sources

• K.S.A. 60-5320(c) — "(4) 'Exercise of the right of free speech'
  means a communication made in connection with a public issue or issue
  of public interest. (5) 'Exercise of the right to petition' means any
  of the following: (A) A communication in or pertaining to: (i) A
  judicial proceeding... (7) 'Public issue or issue of public interest'
  includes an issue related to: (A) Health or safety... (D) a public
  official or public figure; or (E) a good, product or service in the
  marketplace." Source:
  https://www.ksrevisor.gov/statutes/chapters/ch60/060_053_0020.html
  (accessed 2026-07-05).
• K.S.A. 60-5320(d) — "A party may bring a motion to strike the claim
  if a claim is based on, relates to or is in response to a party's
  exercise of the right of free speech, right to petition or right of
  association... If the moving party meets the burden, the burden shifts
  to the responding party to establish a likelihood of prevailing on the
  claim by presenting substantial competent evidence to support a prima
  facie case... The motion to strike... may be filed within 60 days of
  the service of the most recent complaint... A hearing shall be held on
  the motion not more than 30 days after the service of the motion."
  Source: https://www.ksrevisor.gov/statutes/chapters/ch60/060_053_0020.html
  (accessed 2026-07-05).
• K.S.A. 60-5320(e) — "(2) ...all discovery, motions or other
  pending hearings shall be stayed upon the filing of the motion to
  strike. The stay of discovery shall remain in effect until the entry
  of the order ruling on the motion except that the court, on motion and
  for good cause shown, may order that specified discovery, motions or
  other pending hearings be conducted." Source:
  https://www.ksrevisor.gov/statutes/chapters/ch60/060_053_0020.html
  (accessed 2026-07-05).
• K.S.A. 60-5320(f) — "The movant in a motion to strike has the
  right to: (1) Petition for a writ of mandamus if the trial court fails
  to rule on the motion in an expedited fashion; or (2) file an
  interlocutory appeal from a trial court order denying the motion to
  strike, if notice of appeal is filed within 14 days after entry of
  such order." Source:
  https://www.ksrevisor.gov/statutes/chapters/ch60/060_053_0020.html
  (accessed 2026-07-05).
• K.S.A. 60-5320(g) — "The court shall award the defending party,
  upon a determination that the moving party has prevailed on its
  motion to strike... (1) Costs of litigation and reasonable attorney
  fees; and (2) such additional relief, including sanctions... If the
  court finds that the motion to strike is frivolous or solely intended
  to cause delay, the court shall award to the responding party
  reasonable attorney fees and costs related to the motion." Source:
  https://www.ksrevisor.gov/statutes/chapters/ch60/060_053_0020.html
  (accessed 2026-07-05).
• K.S.A. 60-5320(h)-(i) — "(h) This section does not apply to: (1)
  An enforcement action... brought... by the attorney general or a
  district or county attorney; (2) a claim brought against a person
  primarily engaged in the business of selling or leasing goods or
  services, if the statement or conduct arises out of the sale or lease
  of goods, services or an insurance product... (i) Subsection (h)(2)
  shall not apply to any action... based upon the creation,
  dissemination, exhibition, advertisement or other similar promotion of
  any dramatic, literary, musical, political or artistic work..."
  Source: https://www.ksrevisor.gov/statutes/chapters/ch60/060_053_0020.html
  (accessed 2026-07-05).