By Graham Trask
Since its signing on Sept. 17, 1787, the U.S. Constitution has formed the basis of our country’s existence, enduring and evolving through its 27 amendments. The first 10 amendments, ratified Dec. 15, 1791 and commonly known as the Bill of Rights, focuses specifically on protecting individual liberties, including freedom of religion, freedom of speech, freedom of the press, freedom to assemble, and the freedom to petition the government to address grievances or changes to policies.
Multiple assaults on the First Amendment occur every day, as they have for the past 235 years. Powerful individuals, organizations, and entities regularly file lawsuits in retaliation against critics in order to “chill” their free speech rights, as well as financially and emotionally exhaust them. These lawsuits typically masquerade as defamation, conspiracy, abuse of process, interference with contractual relations, unfair trade practices, or malicious prosecution claims.
Such lawsuits are so common throughout the United States they have been given a name: Strategic Lawsuits Against Public Participation, or SLAPP lawsuits. SLAPP lawsuits are based on bogus, fabricated claims and often read like a fiction novel, rarely dealing in actual instances of a defendant defaming someone or causing them any material harm.
Thirty-nine of the 50 state legislatures in the United States have adopted anti-SLAPP legislation, which holds the plaintiff to a high burden of proof, resulting in early lawsuit dismissal prior to the time-consuming and expensive discovery process. These anti-SLAPP laws also require the plaintiff to pay the defendant’s attorney’s fees.
South Carolina is one of the 11 states that does not have anti-SLAPP legislation. This means powerful organizations and individuals are free to use our state’s legal system to intimidate critics into silence and trample on their First Amendment rights.
Several notorious SLAPP lawsuits have been filed right here in the Lowcountry. One back in 2017 involved a Hilton Head Island resident who criticized a Hilton Head golf course rezoning. The resident was subsequently served with a defamation lawsuit costing him $81,000 and three years to ultimately have it dismissed.
Another 2017 suit involved an animal society which was sued for publicizing a video showing a carriage horse lying on the street and alleging mistreatment. This case also dragged on for years before being dismissed. Other more recent SLAPP lawsuits continue to this day.
Efforts by our very own S.C. House Judiciary Chairman Weston Newton, representing District 120, which includes parts of Hilton Head Island, Bluffton, Chechessee, and Burton, have been dogged on this important issue. And despite Newton’s repeated efforts to have anti-SLAPP legislation approved in the South Carolina House of Representatives, the S.C. Senate thus far has not approved the bill.
Last March, the Senate was again poised to pass bill H.3305 entitled “South Carolina Public Expression Protection Act”, but despite what appeared to be unanimous support, a powerful senator tabled the bill, allegedly at the request of an influential Lowcountry developer.
Both Senator Tom Davis, chairman of the S.C. Senate Labor, Commerce, and Industry Committee and representing District 46 which includes all of Hilton Head Island, Bluffton, and some of Jasper County, as well as Senator George “Chip” Campsen, chairman of the S.C. Senate Fish, Game, and Forestry Committee and representing District 43, which includes the City of Beaufort and the barrier islands stretching from Bay Point along the coast north to beyond Isle of Palms, expressed support for the anti-SLAPP bill this past March. As we approach the 2026-27 legislative term it is now time for our State Senate to pass this bill and send it to Gov. McMaster for signing into law.
The use and abuse of the S.C. legal system for filing frivolous lawsuits designed to bully, intimidate, and exhaust individuals and organizations that speak out is not only repugnant to our founding fathers’ vision, but a threat to all of our individual freedoms. If we are made to be fearful of the repercussions of expressing opinions or from participating in the petitioning of our government, all we are left with is totalitarianism by the rich and powerful.
The First Amendment of the Bill of Rights applies to us all. It is past time for South Carolina to have anti-SLAPP laws which preclude the rich and powerful from trampling on our First Amendment rights. I urge Tom Davis and Chip Campsen, as well as all South Carolina senators, to ensure this legislation passes this year.
Graham B. Trask grew up in Beaufort and continues to be a resident of Beaufort. He owns a home in Beaufort’s landmark historic district. He also owns several businesses as well as residential and commercial real estate located throughout the City of Beaufort and specifically in the historic district. He adds value to almost 50 different resident business owner tenants to help them grow their enterprises. He is also the president of Protect Beaufort Foundation, Inc., and Beautiful Beaufort Open Land Trust. Contact him at Graham@grahamtrask.com.