Subcommittee advances H.3305, 'Public Expression Protection Act,' with interlocutory-appeal amendment

The Constitutional Law Subcommittee gave a favorable report to H.3305, the “SC Public Expression Protection Act,” after adopting an amendment to allow interlocutory appeals from orders denying motions to dismiss.

Representative Weston Newton, sponsor of the bill, told the committee the measure is a “retread” of legislation the House passed last year and described it as an “early exit ramp in litigation” intended to protect people who speak in legislative, executive, judicial, administrative or other governmental proceedings from prolonged suits. Newton said the bill was developed with input from the First Amendment Center at Duke and the South Carolina Law Initiative and that the measure includes amendments recommended by those groups.

Newton said one recommended change — which he did not include — would have removed a judicial deadline for ruling; he said removing that deadline would still leave a speaker “shut out of the process” while a case lingered and defended keeping a 30-day decision window in the draft. The committee adopted an amendment from Newton to allow interlocutory appeals from orders denying motions to dismiss.

The committee clerk called a roll: Representative Jordan — aye; Representative Bamberg — not voting; Representative Mitchell — aye; Representative Weston Newton — aye; Representative Wetmore — aye. The clerk recorded four votes in favor, one not voting. The committee received written testimony but had no one signed up to speak on the bill.

The bill, as described to the committee, would let defendants sued for civilly expressing themselves in official proceedings move for an expedited dismissal. The sponsor characterized the change as providing an “early off ramp” from litigation.

No further amendments were adopted and the committee ordered a roll-call favorable report.