summary
Introduced
01/14/2025
01/14/2025
In Committee
01/14/2025
01/14/2025
Crossed Over
Passed
Dead
Introduced Session
126th General Assembly
Bill Summary
Amend The South Carolina Code Of Laws By Adding Article 7 To Chapter 3, Title 15 So As To Establish The "south Carolina Public Expression Protection Act," Regarding A Cause Of Action Asserted In A Civil Action Based Upon A Person's Communication In Certain Circumstances, And To Establish Requirements For These Proceedings.
AI Summary
This bill establishes the South Carolina Public Expression Protection Act, which creates a legal mechanism to quickly dismiss civil lawsuits that target individuals exercising their constitutional rights to free speech, press, assembly, petition, or association on matters of public concern. The act allows a defendant to file a special motion to dismiss such a lawsuit within 60 days of being served, which automatically stays (pauses) other legal proceedings. To succeed, the defendant must show that the lawsuit relates to a communication in a governmental proceeding or involves a matter of public concern, and the plaintiff must then prove the lawsuit has merit. If the motion to dismiss is successful, the court must award the defendant their court costs and attorney's fees. The bill explicitly does not apply to lawsuits against government entities or those involving imminent public health or safety threats. The act is designed to provide a swift legal remedy to protect individuals from what might be considered strategic lawsuits intended to silence public discourse (often referred to as "SLAPP" suits). The law will take effect on June 1, 2025, and will apply to civil actions filed on or after that date.
Committee Categories
Justice
Sponsors (1)
Last Action
Referred to Committee on Judiciary (on 01/14/2025)
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=43&session=126&summary=B |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/43_20241211.htm |
Loading...