H.3305: Politicians Move to Shield Themselves from Critics

Apr 28, 2025

It appears that SC politicians want to protect government agents from lawsuits while also creating legal loopholes that open up nonprofits and individuals to (further) censorship and punishment for exposing corruption. Of course, they have named this bill the "South Carolina Public Expression Protection Act" to insult your intelligence. Representative Weston Newton authored H.3305 and it has already passed the House. Here are the highlights:

This bill enacts Title 15, Chapter 3, Article 7 regarding a cause of action in civil court based upon a persons communication and establishes requirements for these proceedings.

Definitions Include...Everyone

It defines "person" to encompasses just about anyone that may come against a politician. They include "person" to mean "individual, estate, trust, partnership, business or nonprofit entity, governmental unit, or other legal entity."

Silencing Critics During 'Emergencies'

The bill even has a carve out that would allow critics to be silenced during times of 'emergency.' It specifically states that once adopted, this law does not apply to a government unit/agent acting in official capacity to "enforce a law to protect against an imminent threat to public health or safety." COVID anyone??

This is a law that has the potential to strip away US citizens' God-given First Amendment rights by opening a door to new lawsuits from government authorities in their official capacities to squelch their critics if there is "an imminent threat to public health or safety."

Supersedes Rule of Law

H.3305 allows motions pursuant to this article to supersede any other pending actions or remedies that are provided in a normal court of law. Some of these superseding actions include staying other legal actions between the plaintiff and respondents and allows the court to hear and rule on (1) motions unrelated, and (2) a motion "seeking a special or preliminary injunction to protect against an imminent threat to public health or safety."

Loser Pays

What happens if you are involved in this legal action against a SC politician or government agency and lose? H.3305 orders the court shall make the losing side pay for all of the winner's legal fees.

To learn more about this bill, check out former Rep. Jonathon Hill's detailed analysis of H.3305, breaking down each section.

Help Stop This Bill

H.3305 is currently scheduled for a hearing in the Senate Judiciary Committee Tuesday, April 29, 2025 at 12:15pm in the Gressette Building, Room 308. See the agenda for the hearing HERE.

Contact the members of the Senate Judiciary Committee and ask them to vote AGAINST H.3305.
Contact your Senator and ask them to vote AGAINST H.3305.

South Carolinians who expose corruption already have the cards stacked against them. If this bill passes, it guarantees that politicians can insulate themselves even more legally. Remember, your legislators already elect the judges that will be making decisions based off of this law if enacted. If you like what we are doing, please do not allow your legislators to pass H.3305.