Anti-SLAPP Laws in Missouri

At a glance

Requirements one by one

Governing law

Mo. Rev. Stat. § 537.528 remains the current rule through August 27, 2026. The governor signed S.B. 1067 on July 13, 2026. The act repeals § 537.528 and enacts the Uniform Public Expression Protection Act at new § 537.529 beginning August 28, 2026. Its applicability clause is decisive: "The provisions of this section shall apply to any civil action filed, or any cause of action asserted in a civil action, on or after August 28, 2026." An older action does not switch statutes merely because the effective date arrives while the case is pending.

What speech or conduct is protected

Current law covers only "conduct or speech undertaken or made in connection with a public hearing or public meeting, in a quasi-judicial proceeding before a tribunal or decision-making body" of the state or a political subdivision. Missouri courts also limit the current procedure to claims for money damages.

For actions and claims filed on or after August 28, new § 537.529.3 is much broader. It reaches communications in government proceedings, communications on issues under government review, and constitutional speech, press, assembly, petition, or association on a matter of public concern.

The special motion

Under current § 537.528.1, you may use a special motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment. The court must consider it on a priority or expedited basis. The statute gives no filing deadline for the motion itself, although filing within 90 days after the answer controls whether a prevailing movant receives fees. Filing also suspends discovery through the exhaustion of appeals concerning the motion.

New § 537.529.5 instead says: "No later than sixty 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 section applies, or at a later time upon a showing of good cause, a party may file a special motion to dismiss." The new act also stays proceedings between the movant and respondent, including discovery and pending hearings or motions.

Burden of proof

Current § 537.528 creates no statutory burden-shifting test. It accelerates ordinary dismissal, pleadings, or summary-judgment motions; Missouri courts have additionally looked to whether the suit is retaliatory.

Effective August 28, § 537.529 changes the test. The movant must establish coverage, and the respondent must establish an exemption. The court then dismisses with prejudice if the respondent fails to establish a prima facie case for each essential claim element, or if the movant establishes that the claim fails under ordinary dismissal or summary-judgment standards.

Attorney's fees

Under current § 537.528.2, a prevailing movant receives mandatory fees only if the motion was filed within 90 days after the answer. The responding party receives fees if the motion was frivolous or solely intended to cause delay.

New § 537.529 removes the movant's 90-day fee condition. It requires costs, reasonable attorney's fees, and reasonable litigation expenses for a prevailing movant. A prevailing respondent receives them only when the court finds the motion frivolous or filed solely to delay the proceeding.

Right to appeal

Current § 537.528.3 gives either party expedited-appeal language, but Missouri appellate decisions do not treat it as an immediate interlocutory appeal right from a denial. New § 537.529 changes that result: "A moving party may appeal within twenty-one days as a matter of right from an order denying, in whole or in part, a motion under subsection 5 of this section."

Exemptions

Current § 537.528 names no exemptions; its narrow scope does most of the limiting work. Section 537.528.5 also preserves other remedies, defenses, and causes of action, including defamation claims.

New § 537.529.4 expressly excludes claims against governmental units or officials acting officially, specified government enforcement brought to protect against an imminent public-health or safety threat, and certain sale-or-lease communications by businesses primarily selling or leasing goods or services. Dramatic, literary, musical, political, journalistic, and artistic works do not count as "goods or services" for that business exemption.

What trips people up

Signing did not make the new procedure available immediately. S.B. 1067 was signed July 13, but § 537.529 begins August 28, 2026 and applies only to a civil action filed, or a cause of action asserted, on or after that date. Check the filing or claim-assertion date before choosing the motion procedure.

"Public hearing or meeting" is a real ceiling, not a floor. Unlike California- or UPEPA-style statutes that reach any speech on a public issue, Missouri's current law only protects speech tied to an actual government hearing or meeting. Commentary in the media, on social media, or in a private dispute — even about a genuinely public issue — generally falls outside this statute if it wasn't made in or in connection with one of those proceedings.

The current 90-day rule controls fees, not whether the motion exists. A motion filed later can still seek dismissal under § 537.528, but the current mandatory fee award is unavailable. New § 537.529 replaces that structure for qualifying actions and claims beginning August 28.

Common questions

What if an older lawsuit gains a new counterclaim after August 28? The applicability clause separately reaches a "cause of action asserted" on or after August 28, 2026, even if the surrounding civil action was filed earlier. Whether a particular amended pleading asserts a new cause of action is a case-specific question.

Does the new business exemption treat journalism as a commercial service? Not for this exemption. Section 537.529.4 says "goods or services" does not include dramatic, literary, musical, political, journalistic, or artistic works.

Does the new award cover only attorney fees? No. Section 537.529 requires costs, reasonable attorney's fees, and reasonable litigation expenses related to the motion.

Statutes and sources

• Mo. Rev. Stat. § 537.528.1 — "Any action against a person for conduct or speech undertaken or made in connection with a public hearing or public meeting, in a quasi-judicial proceeding before a tribunal or decision-making body of the state or any political subdivision of the state is subject to a special motion to dismiss, motion for judgment on the pleadings, or motion for summary judgment that shall be considered by the court on a priority or expedited basis to ensure the early consideration of the issues raised by the motion and to prevent the unnecessary expense of litigation. Upon the filing of any special motion described in this subsection, all discovery shall be suspended pending a decision on the motion by the court and the exhaustion of all appeals regarding the special motion." Source: https://revisor.mo.gov/main/OneSection.aspx?section=537.528&bid=28536 (accessed 2026-08-22).
• Mo. Rev. Stat. § 537.528.2 — "If the rights afforded by this section are raised as an affirmative defense and if a court grants a motion to dismiss, a motion for judgment on the pleadings or a motion for summary judgment filed within ninety days of the filing of the moving party's answer, the court shall award reasonable attorney fees and costs incurred by the moving party in defending the action. If the court finds that a special motion to dismiss or motion for summary judgment is frivolous or solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney fees to the party prevailing on the motion." Source: https://revisor.mo.gov/main/OneSection.aspx?section=537.528&bid=28536 (accessed 2026-08-22).
• Mo. Rev. Stat. § 537.528.3 — "Any party shall have the right to an expedited appeal from a trial court order on the special motions described in subsection 2 of this section or from a trial court's failure to rule on the motion on an expedited basis." Source: https://revisor.mo.gov/main/OneSection.aspx?section=537.528&bid=28536 (accessed 2026-08-22).
• Mo. Rev. Stat. § 537.528.4 — The defined public-meeting term "means and includes any meeting established and held by a state or local governmental entity," followed by examples including councils, planning commissions, and review boards or commissions. Source: https://revisor.mo.gov/main/OneSection.aspx?section=537.528&bid=28536 (accessed 2026-08-22).
• Mo. Rev. Stat. § 537.528.5 — "Nothing in this section limits or prohibits the exercise of a right or remedy of a party granted pursuant to another constitutional, statutory, common law or administrative provision, including civil actions for defamation." Source: https://revisor.mo.gov/main/OneSection.aspx?section=537.528&bid=28536 (accessed 2026-08-22).
• 2026 Mo. S.B. 1067, § A (new Mo. Rev. Stat. § 537.529.3-.5) — expands protected activity, states the exemptions, and creates the 60-day motion deadline. Source: https://revisor.mo.gov/main/OneSection.aspx?section=537.529 (accessed 2026-08-22). The official compiled page is marked effective August 28, 2026; the final bill PDF is 5144S.01T.
• 2026 Mo. S.B. 1067, § A (new Mo. Rev. Stat. § 537.529.8, .11-.12) — supplies the dismissal standard, 21-day appeal right, and fee rule quoted in the frontmatter. Source: https://revisor.mo.gov/main/OneSection.aspx?section=537.529 (accessed 2026-08-22).
• 2026 Mo. S.B. 1067 applicability clause — "The provisions of this section shall apply to any civil action filed, or any cause of action asserted in a civil action, on or after August 28, 2026." Source: https://revisor.mo.gov/main/OneSection.aspx?section=537.529 (accessed 2026-08-22).
• Governor action on S.B. 1067 — the official action history records "Signed by Governor" on July 13, 2026. Source: https://www.senate.mo.gov/BillTracking/Bills/BillInformation?year=2026&billId=315&billPrefix=SB&billSuffix=1067&handler=Actions (accessed 2026-08-22).