Bill > H3305

This bill introduces the South Carolina Public Expression Protection Act, which provides a legal mechanism for dismissing certain civil lawsuits that potentially infringe on constitutional rights of free speech, assembly, and association. The act allows defendants to file a special motion to dismiss a civil action if the lawsuit is based on their communication in governmental proceedings, discussions of governmental issues, or exercise of constitutional rights on matters of public concern. If such a motion is filed, all legal proceedings are automatically stayed (paused), and the court must hear the motion within 60 days. To succeed, the moving party must show that the law applies to their case and that the lawsuit either fails to state a valid legal claim or lacks genuine factual dispute. If the motion is successful, the court must dismiss the case with prejudice and award the moving party court costs and attorney's fees. Conversely, if the motion is found to be frivolous, the responding party may be awarded similar costs. The bill specifically excludes actions against governmental units or their employees acting in an official capacity. The act is designed to provide a robust procedural protection for individuals exercising their constitutional rights and will take effect on June 1, 2025, applying to civil actions filed on or after that date.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=3305&session=126&summary=B