By Abraham Kenmore
SCDailyGazette.com
COLUMBIA — Using lawsuits to silence public criticism would be more difficult under a bill advancing in the South Carolina House.
Legislation sponsored by House Judiciary Chairman Weston Newton would allow people slapped with a lawsuit in an attempt to shut them up to file a motion within 60 days asking the court to dismiss it.
“This protects the little guy — the guy who wants to speak out — and then is going to be completely silenced by some entity or some cause, this protects the little guy’s First Amendment rights,” Newton, R-Bluffton, told the S.C. Daily Gazette.
He and other supporters pointed to cases where lawsuits alleging defamation were filed in South Carolina to tie up critics in litigation and mounting legal fees, even when the case was unlikely to succeed.
Nationwide, 33 states already have laws making these so-called “strategic lawsuits against public participation,” or SLAPP, cases more difficult. New Jersey was the latest state, with a law taking effect in October, according to the Reporters Committee for Freedom of the Press.
Newton told a House panel Thursday, Feb. 29, he learned about the issue when Kevin Hennelly of Beaufort County was sued for defamation after making critical comments about a developer working on the Hilton Head National Golf Course. The case was eventually dismissed but not before Hennelly racked up over $75,000 in legal fees, Newton said.
Under his bill, if a lawsuit is legitimate, the person suing must prove it, Newton said.
“And if it’s not a legitimate lawsuit and they can’t demonstrate it, then there’s also a provision where the defendant can recover their attorney fees,” he said.
Thursday’s vote sent the bill to the full Judiciary Committee. Since it’s the chairman’s bill, it’s almost certain to advance to the House floor.
Nobody spoke against the bill to the subcommittee.
Taylor Smith, an attorney who represents the S.C. Press Association, was among those who testified in favor of it, citing some of his own clients who have faced these lawsuits.
“It’s the South Carolinians, not necessarily the press, who are bearing the burden of the cost associated with defending these suits,” he said.
Abraham Kenmore is a reporter covering elections, health care and more. He joins the SC Daily Gazette from The Augusta Chronicle, where he reported on Georgia legislators, military and housing issues.
