The proposed bill, known as the "South Carolina Public Expression Protection Act," aims to establish legal protections for individuals asserting causes of action based on their communications in various governmental proceedings or their exercise of free speech on matters of public concern. It introduces a new article to Chapter 3, Title 15 of the South Carolina Code, defining key terms such as "governmental unit" and "person," and outlining the scope of the law. The bill specifies that it does not apply to actions against governmental units or their employees acting in an official capacity, nor does it apply to actions taken to enforce laws protecting public health or safety.
The bill also sets forth procedural requirements for civil actions, including the ability for parties to file a special motion for expedited relief to dismiss claims within sixty days of being served. It mandates that all proceedings are stayed during the motion's consideration, with specific provisions for limited discovery and timelines for court rulings. Additionally, the bill allows for the awarding of costs and attorney's fees to the prevailing party in such motions. The act is set to take effect on June 1, 2025, and will apply to civil actions filed on or after that date.