South Carolina S 43: SC Public Expression Protection Act

Bill Text

2025-2026 Bill 43 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 43

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO 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.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 3, Title 15 of the S.C. Code is amended by adding:

Article 7

South Carolina Public Expression Protection Act

 Section 
15-3-900. This article may be cited as the "South Carolina Public Expression 
Protection Act."

 Section 
15-3-910. (A) In this article:

 (1) 
"Governmental unit" means a public corporation or government or governmental 
subdivision, agency, or instrumentality.

 (2) 
"Person" means an individual, estate, trust, partnership, business or nonprofit 
entity, governmental unit, or other legal entity.

 (B) 
Except as otherwise provided in subsection (C), this article applies to a cause 
of action asserted in a civil action against a person based on the person's:

 (1) 
communication in a legislative, executive, judicial, administrative, or other 
governmental proceeding;

 (2) 
communication on an issue under consideration or review in a legislative, 
executive, judicial, administrative, or other governmental proceeding; or

 (3) 
exercise of the right of freedom of speech or of the press, the right to 
assemble or petition, or right of association, guaranteed by the United States 
Constitution or the South Carolina Constitution on a matter of public concern.

 (C) 
This article does not apply to a cause of action asserted:

 (1) 
against a governmental unit or an employee or agent of a governmental unit 
acting or purporting to act in an official capacity; or

 (2) 
by a governmental unit or an employee or agent of a governmental unit acting in 
an official capacity to enforce a law to protect against an imminent threat to 
public health or safety.

 Section 
15-3-920. Not later than sixty days after a party is served with a complaint, 
crossclaim, third-party claim, or other pleading that asserts a cause of action 
to which this article applies, or at a later time on a showing of good cause, 
the party may file a special motion for expedited relief to dismiss the cause 
of action or part of the cause of action.

 Section 
15-3-930. (A) Except as otherwise 
provided in subsections (C) through (F), on the filing of a motion pursuant to 
Section 15-3-920:

 (1) 
all other proceedings between the moving party and responding party, including 
discovery and a pending hearing or motion, are stayed; and

 (2) 
on motion by the moving party, the court may stay a hearing or motion involving 
another party, or discovery by another party, if the hearing or ruling on the 
motion would adjudicate, or the discovery would relate to, an issue material to 
the motion pursuant to Section 15-3-920.

 (B) A 
stay pursuant to subsection (A) remains in effect until entry of an order 
ruling on the motion pursuant to Section 15-3-920.

 (C) 
During a stay pursuant to subsection (A), the court may allow limited discovery 
if a party shows that specific information is necessary to establish whether a 
party has satisfied or failed to satisfy a burden pursuant to Section 15-3-960(A) 
and the information is not reasonably available unless discovery is allowed.

 (D) A 
motion pursuant to Section 15-3-980 for costs, attorney's fees, and expenses is 
not subject to a stay pursuant to this section.

 (E) A 
stay pursuant to this section does not affect a party's ability to voluntarily 
dismiss a cause of action or part of a cause of action or move to sever a cause 
of action.

 (F) 
During a stay pursuant to this section, the court for good cause may hear and 
rule on:

 (1) 
a motion unrelated to the motion pursuant to Section 15-3-920; and

 (2) 
a motion seeking a special or preliminary injunction to protect against an 
imminent threat to public health or safety.

 Section 
15-3-940. (A) The court shall hear 
a motion pursuant to Section 15-3-920 not later than sixty days after filing of 
the motion, unless the court orders a later hearing:

 (1) 
to allow discovery pursuant to Section 15-3-930(C); or

 (2) 
for other good cause.

 (B) If 
the court orders a later hearing pursuant to subsection (A)(1), the court shall 
hear the motion pursuant to Section 15-3-920 not later than sixty days after 
the court order allowing the discovery, unless the court orders a later hearing 
pursuant to subsection (A)(2).

 Section 
15-3-950. In ruling on a motion pursuant to Section 15-3-920, the court