OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 237 Bill Analysis
135th General Assembly
Click here for S.B. 237’s Fiscal Note
Version: As Passed by the Senate
Primary Sponsors: Sens. Gavarone and Manning
Effective date:
Aida S. Montano, Research Analyst
SUMMARY
Names the act the “Uniform Public Expression Protection Act.”
Specifies the types of civil actions to which the bill applies.
Exempts certain actions against governmental units, against a person primarily engaged
in the business of selling or leasing goods or services, and enforcement actions brought
in the name of a governmental unit.
Establishes procedures for a motion for expedited relief from a civil action type specified
in the bill.
Requires a stay of proceedings in the action prior to a ruling on the motion for expedited
relief, other than for a motion for attorney’s fees, court costs, and other litigation
expenses.
Permits a court to, upon request, stay a hearing or motion involving another party in the
action, if the hearing or ruling on the motion for expedited relief would adjudicate an
issue material to the issue of the hearing or the motion.
Specifies that the court will consider the pleadings, the motion, any response to the
motion, and any evidence that could be considered in ruling on a motion for summary
judgment under Civil Rule 56 of the Ohio Rules of Civil Procedure in ruling on the motion
for expedited relief.
Specifies on what grounds the court will dismiss a cause of action, or part of a cause of
action, with prejudice.
Permits a court to allow discovery during a stay if the party seeking discovery shows that
specific information is necessary to establish whether a party has satisfied a burden to
prove that the party’s cause of action should not be dismissed.
June 20, 2024
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Permits a court to hear and rule on a motion unrelated to the motion for expedited
relief or a motion seeking a temporary or preliminary injunction to protect against an
imminent threat to public health or safety during the stay for a motion for expedited
relief.
Specifies that an order denying a motion for expedited relief is a final appealable order.
Establishes the burden of costs for a prevailing party on a successful motion for
expedited relief, or for frivolous conduct if the motion is denied.
Requires the court to broadly construe and apply the provisions of the bill and to
consider the need to promote uniformity of the law with respect to its subject matter
among states that enact a substantially similar law.
DETAILED ANALYSIS
Uniform Public Expression Protection Act
The bill names the act the “Uniform Public Expression Protection Act.”1
Application and exceptions
The bill’s provisions apply to a cause of action asserted in a civil action against a
“person” (see “Definitions,” below) based on any of the following:2
The person’s communication in a legislative, executive, judicial, administrative, or other
governmental proceeding;
The person’s communication on an issue under consideration or review in a legislative,
executive, judicial, administrative, or other governmental proceeding;
The person’s 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 U.S. Constitution
or the Ohio Constitution, on a matter of public concern.
The bill’s provisions do not apply to any of the following:3
A legal action against a “governmental unit” (see “Definitions,” below) or an
employee or agent of the governmental unit who was acting or purporting to act in an
official capacity;
An enforcement action that is brought in the name of a governmental unit to protect
against an imminent threat to public health or safety;
1 Section 3.
2 R.C. 2747.01(B).
3 R.C. 2747.01(C).
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A legal action brought against a person primarily engaged in the business of selling or
leasing “goods or services” (see “Definitions,” below), if the cause of action arises
out of communication related to the person’s sale or lease of the goods or service.
Motion for expedited relief
Not later than 60 days after a party is served with a complaint, cross-claim,
counterclaim, third-party claim, or other pleading that asserts a cause of action to which the
provisions of the bill apply, the party may file a motion for expedited relief to dismiss the civil
action or claim. The court may extend the 60-day period to file the motion for expedited relief
for a showing of good cause.4
If a motion for expedited relief is filed, the court must stay all other proceedings in the
action between the moving party and responding party, including discovery and any other
pending hearing or motion.5 A stay issued pursuant to the motion for expedited relief remains
in effect until 30 days after the entry of a ruling on the motion for expedited relief or upon the
conclusion of an appeal of the ruling, whichever is later. During an appeal, all proceedings
between all parties in the action are stayed.6
Upon request by the moving party, the court may stay a hearing or motion involving
another party in the action, or discovery by another party, if the hearing or ruling on the motion
for expedited relief would adjudicate, or the discovery would relate to, an issue material to the
motion for expedited relief.7
In ruling on the motion for expedited relief, the court must consider the pleadings, the
motion, any response to the motion, and any evidence that could be considered in ruling on a
motion for summary judgment under Civil Rule 56 of the Ohio Rules of Civil Procedure.8
In ruling on the motion for expedited relief, the court must dismiss with prejudice a
cause of action, or part of a cause of action, if all of the following apply:9
The moving party establishes that the cause of action is based on a communication or
action in, or on an issue under consideration or review in, a legislative, executive,
judicial, administrative, or other governmental proceeding, or an 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 U.S. Constitution or the Ohio Constitution, on a matter of
public concern;
4 R.C. 2747.02.
5 R.C. 2747.03(A)(1).
6 R.C. 2747.03(B).
7 R.C. 2747.03(A)(2).
8 R.C. 2474.04(B).
9 R.C. 2747.04(C).
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The responding party fails to establish that the provisions of the bill do not apply to the
cause of action due to an exception;
Either the responding party fails to establish a prima-facie case for each essential
element of the cause of action or the moving party establishes one of the following:
The responding party failed to state a cause of action upon which relief can be
granted;
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.
During a stay due to a motion for expedited relief, the court may allow limited discovery
if the party seeking discovery shows that specific information is necessary to establish whether
a party has satisfied a burden to prove that the party’s cause of action should not be dismissed
for the above-listed reasons, and the information cannot be obtained unless discovery is
allowed.10 A stay for these purposes does not affect a party’s ability to voluntarily dismiss a
cause of action or move to sever a cause of action for a separate trial.11
A court may also hear and rule on either of the following during a stay due to a motion
for expedited relief where good cause is shown:12
A motion unrelated to the motion for expedited relief;
A motion seeking a temporary or preliminary injunction to protect against an imminent
threat to public health or safety.
A motion for attorney’s fees, court costs, and other litigation expenses due to a motion
for expedited relief is not subject to the related stay.13
The bill requires the court to conduct a hearing not later than 60 days after the filing of
a motion for expedited relief, unless the court orders a later hearing to allow for limited
discovery or delays the hearing for other good cause. If the court orders a later hearing to allow
for limited discovery, the court must conduct the hearing not later than 60 days after the court
order allowing discovery unless the hearing is delayed for other good cause.14 The court must
rule on the motion for expedited relief not later than 60 days after the hearing. 15
An order that denies a motion for expedited relief is a final appealable order that may
be reviewed, affirmed, modified, or reversed, with or without retrial. The moving party has an
10 R.C. 2747.03(C).
11 R.C. 2747.03(E).
12 R.C. 2747.03(F).
13 R.C. 2747.03(D).
14 R.C. 2747.04(A).
15 R.C. 2747.04(D).
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interlocutory right of appeal and the appeal must be filed within 30 days after entry of the
order.16
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 for expedited relief does not affect a moving
party’s right to obtain a ruling on the motion for the purpose of obtaining court costs,
attorney’s fees, and other litigation expenses. 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
for expedited relief establishes that the moving party prevailed on the motion for the purpose
of awarding court costs, attorney’s fees, and other litigation expenses.17
If the court grants a motion for expedited relief, the court must award reasonable
attorney’s fees, court costs, and other reasonable litigation expenses to the moving party. 18 If
the court denies a motion for expedited relief, and finds that the motion was frivolous conduct,
the court, after the disposition of any appeal affirming the court’s ruling on the motion, must
award to the responding party reasonable attorney’s fees, court costs, and other reasonable
litigation expenses incurred in responding to the motion.19
Timing and interpretation
The provisions of the bill are applicable to civil actions or any claim asserted in a civil
action on or after the effective date of the bill.20 A court must broadly construe and apply these
provisions 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 U.S. Constitution and
the Ohio Constitution.21 In construing and applying these provisions, a court must consider the
need to promote uniformity of the law with respect to its subject matter among states that
enact a substantially similar law.22
Definitions
The bill defines the following terms for the purposes of its provisions described above:23
“Goods or services” does not include the creation, dissemination, exhibition, or
advertisement, or a similar promotion, of a dramatic, literary, musical, political,
journalistic, or artistic work;
16 R.C. 2502.02(B)(8) and 2747.05(C).
17 R.C. 2747.04(E).
18 R.C. 2747.05(A).
19 R.C. 2747.05(B).
20 R.C. 2747.06(A).
21 R.C. 2747.06(B).
22 R.C. 2747.06(C).
23 R.C. 2747.01(A).
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“Governmental unit” means the government of the United States, the state, a political
subdivision of the state, or any department, agency, board, commission, or other
instrumentality of the government of the United States, the state, or a political
subdivision;
“Person” includes an individual, estate, trust, partnership, business or nonprofit entity,
governmental unit, or other legal entity.
HISTORY
Action Date
Introduced 03-26-24
Reported, S. Judiciary 05-22-24
Passed Senate (32-0) 06-12-24
ANSB0237PS-135/ar
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Statutes affected: As Introduced: 2505.02
As Reported By Senate Committee: 2505.02
As Passed By Senate: 2505.02