1A Docket First Amendment · Utah

Utah Third District Court · No. 250908711

Jones Smith v. Stembridge

Denied UPEPA

Forum
Utah Third District Court
Case number
No. 250908711
Motion decided
Mar 3, 2026
Outcome
Denied
Conduct at issue
Protest attendance, political posts, association with a group
Underlying claims
Civil stalking injunction, Utah Code 76-5-106.5

What the court held

  • The court held UPEPA does not protect criminal conduct such as stalking, true threats of violence, or targeted harassment, reasoning the alleged conduct, if proven, would not be protected.
  • A witness statement and video of a vehicle following the petitioner were sufficient for a prima facie case; conflicting evidence created a genuine issue of material fact rather than negating the showing.
  • Fees denied. Stay lifted; the temporary injunction remained in force pending an evidentiary hearing.

Docket · filings

6 filings
Oct 27, 2025Petitioner
ProceduralTemporary civil stalking injunction
PDF
Dec 29, 2025Respondent
The special motionSpecial motion for expedited relief
PDF
Jan 10, 2026Court
ProceduralOrder regarding motion to stay pending the UPEPA motion
PDF
Jan 12, 2026Respondent
Reply in supportReply in support of the UPEPA motion
PDF
Feb 10, 2026Court
ProceduralOrder requiring the parties to address both the injunction and the motion at the evidentiary hearing
PDF
Mar 3, 2026Court
The rulingOrder denying the special motion for expedited relief
PDF
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