Article 21: Special Proceedings and Actions · Last amended 1994 · Last verified July 22, 2026
In one sentenceThis section defines four terms — “action involving public petition and participation,” “communication,” “government body,” and “public applicant or permittee” — that mark the boundary of Nebraska’s anti-SLAPP protections for people who speak out on permit and licensing matters.
(1) Action involving public petition and participation shall mean an action, claim, cross-claim, or counterclaim for damages that is brought by a public applicant or permittee and is materially related to any efforts of the defendant to report on, comment on, rule on, challenge, or oppose the application or permission;
(2) Communication shall mean any statement, claim, allegation in a proceeding, decision, protest, writing, argument, contention, or other expression;
(3) Government body shall mean a city, a village, a political subdivision, a state agency, the state, the federal government, or a public authority, board, or commission; and
(4) Public applicant or permittee shall mean any person who has applied for or obtained a permit, zoning change, lease, license, certificate, or other entitlement for use or permission to act from any government body or any person with an interest, connection, or affiliation with such person that is materially related to such application or permission.
Source
Laws 1994, LB 665, § 2.
Plain-English Summary
Before a defendant can invoke the special protections that follow in sections 25-21,243 through 25-21,246, the claim against them has to fit a specific mold, and this section draws that mold. An “action involving public petition and participation” is a damages claim brought by a public applicant or permittee that is materially related to the defendant’s effort to report on, comment on, rule on, challenge, or oppose that applicant’s permit or permission. In plain terms: someone applies for a zoning change, a license, or a similar entitlement, a neighbor or watchdog speaks up against it, and the applicant sues the speaker over that opposition. That is the fact pattern these sections address.
The other three definitions fill out the picture. “Communication” covers a wide range of expression — statements, claims, allegations made in a proceeding, protests, writings, arguments, and contentions — so the protection is not limited to formal testimony. “Government body” sweeps in cities, villages, political subdivisions, state agencies, the state itself, the federal government, and public boards or commissions, which keeps the statute from turning on the technical structure of whichever body issued the permit. And “public applicant or permittee” reaches beyond the literal applicant to include anyone with an interest, connection, or affiliation to that applicant that is materially related to the application.
These four definitions do not themselves create a cause of action, a defense, or a motion. They set the vocabulary that the rest of the anti-SLAPP sections rely on, so a court applying section 25-21,245 or 25-21,246 asks first whether the underlying claim fits within these terms.
Frequently Asked Questions
What is a SLAPP suit under Nebraska law?
Nebraska’s statute does not use the phrase “SLAPP,” but sections 25-21,242 to 25-21,246 target the same problem: a public applicant or permittee suing someone for reporting on, commenting on, or opposing the applicant’s permit or entitlement.
Who counts as a “public applicant or permittee”?
Anyone who has applied for or obtained a permit, zoning change, lease, license, certificate, or similar entitlement from a government body, plus anyone whose interest or affiliation with that person is materially related to the application.
Does “government body” include federal agencies?
Yes. The definition covers cities, villages, political subdivisions, state agencies, the state, the federal government, and public authorities, boards, or commissions.
What kinds of statements qualify as a “communication” under this section?
Statements, claims, allegations made in a proceeding, protests, writings, arguments, contentions, and other expressions — a broad category, not limited to sworn testimony.
Why does the statute define these terms in a separate section instead of inside each substantive provision?
Sections 25-21,243 through 25-21,246 each depend on whether a claim is an “action involving public petition and participation.” Defining that phrase and its related terms once, up front, keeps the later sections shorter and keeps the definitions consistent across all of them.
Does this section itself let me dismiss a lawsuit against me?
No. It only defines terms. The special motion to dismiss is in section 25-21,245, and the special motion for summary judgment is in section 25-21,246.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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