A national free-speech organization gave Indiana a passing grade for a longstanding law meant to protect Hoosiers' First Amendment rights.
In its annual report card released Aug. 25, the Institute for Free Speech graded how states protect their residents from a "strategic lawsuit against public participation," or a SLAPP suit.
Corporations and public figures have sought this type of legal action to silence speech and criticism they dislike. Through the weight of fear, exhaustion and mounting legal costs, these lawsuits often don't need to be successful to compel the defending party and others to chill their expression.
Indiana law has "reasonably strong" protections to ward off such lawsuits, according to the institute's analysis, but it warns that two issues make the legislation weaker than in 25 other states.
Over the past seven years, anti-SLAPP laws have been increasingly adopted, the Tennessean reported. In 2025, 63% of Americans have strong anti-SLAPP protections in state courts, and just 12 states are without any protective statutes.
How does Indiana's anti-SLAPP law work?
A SLAPP suit can come in several forms. A plaintiff's lawyers may argue that a person's speech is constitutionally unprotected, such as in a defamation or libel case. It could also take shape as a legal complaint of a nuisance, interference with a contract, or invasion of privacy.
Indiana Code provides a defendant the ability to file a motion to dismiss the case on SLAPP grounds. In the motion, they must point to the reason they expressed their speech and petition rights.
Discovery activities are then paused, and a judge has 180 days to decide on the motion.
If a judge agrees that a person participated in lawful expressive activity, they can dismiss the case and order the plaintiff to pay all legal costs. On the other hand, a judge can require a defendant to pay a plaintiff's fees and costs if the judge finds the anti-SLAPP motion is frivolous and meant to delay proceedings.
How does Indiana's law fare?
In 1998, Indiana became one of the first states to pass an anti-SLAPP law to protect Hoosiers from frivolous, ill-intended lawsuits. Only three states — Indiana, Rhode Island and Louisiana — had "good" laws on the books at the start of this century, the report card notes.
Despite being one of the first, the Institute for Free Speech identifies two issues in Indiana's law. It received a B+ overall ranking.
If an anti-SLAPP motion is brought, Indiana law also does not place the burden of proof on the party bringing the case to prove it's not a SLAPP suit. The institute said the lack of such language is a "serious deficiency" in the law.
The other place for improvement, the institute writes, is enshrining the right to an interlocutory appeal in potential anti-SLAPP cases. With that right, a defendant could appeal a denied anti-SLAPP motion to a higher court while the remainder of the case proceeds.
The ability to do such means a defendant would not need to fully litigate a SLAPP case if an appeals court agrees the suit is a SLAPP action. The institute said such language "dramatically reduces the coercive effect of filing a lawsuit targeting speech.”
Has Indiana's anti-SLAPP law been used?
Indiana's anti-SLAPP law has often been used to protect news outlets' right to freedom of the press.
Earlier this summer, an anti-SLAPP motion was used to defeat a defamation case at the University of Notre Dame. A professor sued a conservative student paper after it wrote about her criticism of the state's new abortion ban and accessibility to help students in search of care.
The Reporters Committee for Freedom of the Press notes Indiana's anti-SLAPP law has also been used to defeat cases seeking to chill coverage of a town council meeting, a pharmaceutical safety investigation and a town attorney's comments about another lawyer.
The Tennessean's Angele Latham contributed to this report.
The USA TODAY Network - Indiana's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.
Have a story to tell? Reach Cate Charron by email at [email protected], on X at @CateCharron or Signal at @cate.charron.28.
This article originally appeared on Indianapolis Star: Free-speech group grades Indiana's anti-SLAPP law
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