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
Docket · filings
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.