The South Carolina Public Expression Protection Act is a proposed bill that aims to establish legal protections for individuals' communications in various governmental proceedings and matters of public concern. It introduces a new article to Chapter 3, Title 15 of the South Carolina Code of Laws, which outlines the definitions of key terms such as "governmental unit" and "person." The bill specifies that it applies to civil actions based on a person's communication in legislative, executive, judicial, or administrative contexts, as well as their exercise of free speech rights. However, it excludes actions against governmental units or their employees acting in an official capacity, particularly in cases involving imminent threats to public health or safety.
The bill also sets forth procedural requirements for asserting a cause of action under this act, including the ability for a party to file a special motion for expedited relief to dismiss such actions within sixty days of being served. It mandates that the court must hear these motions within a specified timeframe and provides for stays of other proceedings during this process. Additionally, the bill allows for the award of court costs and attorney's fees to the prevailing party in these motions. The act is set to take effect on June 1, 2025, and will apply to civil actions filed on or after that date.