1A Docket First Amendment · Utah

Utah Supreme Court · 2025 UT 37, 575 P.3d 1162

Mackey v. Krause

Granted in part UPEPA

Forum
Utah Supreme Court
Case number
2025 UT 37, 575 P.3d 1162
Motion decided
Aug 28, 2025
Outcome
Granted in part
Conduct at issue
Statements during the public comment period of a school board meeting
Underlying claims
Defamation, tortious interference, intentional infliction of emotional distress, abuse of process

What the court held

  • Utah's first appellate interpretation of UPEPA.
  • Matter of public concern construed broadly enough to reach criticism alleging that a person harmed others.
  • Statements made during public comment can fall within the act even where the topic was not being deliberated.
  • The prima facie determination is reviewed for correctness, with facts and reasonable inferences viewed most favorably to the nonmovant.
  • IIED and abuse of process dismissed; remaining claims remanded.

Docket · filings

8 filings
Feb 9, 2024Movant
The special motionMotion for expedited relief
PDF
Feb 23, 2024Respondent
ProceduralMotion for extension of time to respond
PDF
May 2, 2024Respondent
OppositionReply in opposition
PDF
May 11, 2024Movant
Reply in supportReply in support
PDF
May 14, 2024Respondent
OppositionReply in opposition
PDF
Jul 5, 2024Court
The rulingDistrict court ruling
PDF
Aug 28, 2025Court
AppealOpinion
PDF
Aug 28, 2025Court
AppealUtah Supreme Court ruling summary
PDF

Source

Decision ↗

Other UPEPA matters

BAM Franchising v. Schneider
Brunette v. Engemann and Jeff Jenkins Productions
Tanner v. Deininger
The Preserve v. Kamas City

Not legal advice. Deadlines in your case may differ. Talk to a lawyer.