H 5420 — A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA CITIZENS PARTICIPATION ACT" BY ADDING ARTICLE 7 TO CHAPTER 3, TITLE 15 SO AS TO ESTABLISH A PROCEDURE BY WHICH A PARTY TO A CIVIL ACTION BASED ON THAT PARTY'S EXERCISE OF THE RIGHT OF FREE SPEECH, RIGHT TO PETITION, OR RIGHT OF ASSOCIATION MAY SEEK TO HAVE THE ACTION DISMISSED.

Summary

SC Citizens Participation Act

Bill Text

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The bill establishes a new legal framework in South Carolina allowing parties in civil actions related to free speech, petition, or association to seek dismissal of such actions.

• Chapter 3, Title 15

  Article 7 South Carolina Citizens Participation Act

  This adds a new article establishing the South Carolina Citizens Participation Act.

• Section 15-3-900

  This article may be cited as the 'South Carolina Citizens Participation Act.'

  This provides a specific title for the newly established article.

• Section 15-3-910

  (1) 'Communication' includes the making or submitting of a statement or document in any form or medium, including oral, visual, written, audiovisual, or electronic. (2) 'Exercise of the right of association' means to join together to collectively express, promote, pursue, or defend common interests relating to a governmental proceeding or a matter of public concern. (3) 'Exercise of the right of free speech' means a communication made in connection with a matter of public concern. (4) 'Exercise of the right to petition' means any of the following: ... (continued with definitions)...

  This section defines key terms necessary for the implementation of the Act.

• Section 15-3-920

  The purpose of this article is to encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely, and otherwise participate in government to the maximum extent permitted by law and, at the same time, protect the rights of a person to file meritorious lawsuits for demonstrable injury.

  This outlines the purpose of the South Carolina Citizens Participation Act.

• Section 15-3-930

  If a legal action is based on or is in response to a party's exercise of the right of free speech, right to petition, or right of association or arises from any act of that party in furtherance of the party's communication or conduct described by Section 15-3-1010(B), that party may file a motion to dismiss the legal action.

  This provides the procedure for a party to file a motion to dismiss if the legal action is based on their constitutionally protected rights.

• Section 15-3-930

  A party under this section does not include a government entity, agency, or an official or employee acting in an official capacity.

  This clarifies that governmental entities cannot use this dismissal motion.

• Section 15-3-940

  A hearing on a motion pursuant to Section 15-3-930 must be set no later than the sixtieth day after the date of service of the motion unless the docket conditions of the court require a later hearing, upon a showing of good cause, or by agreement of the parties, but in no event shall the hearing occur more than ninety days after service of the motion pursuant to Section 15-3-930, except as provided by subsection (C).

  This sets a timeline for hearings on motions to dismiss under the new act.

• Section 15-3-950

  The court must rule on a motion pursuant to Section 15-3-930 no later than the thirtieth day following the date the hearing on the motion concludes.

  This requires the court to issue a ruling within a specified timeframe after the hearing.

• Section 15-3-960

  In determining whether a legal action is subject to or should be dismissed under this article, the court shall consider the pleadings, evidence a court could consider under Rule 56, South Carolina Rules of Civil Procedure, and supporting and opposing affidavits stating the facts on which the liability or defense is based.

  This specifies the evidence and pleadings the court must consider when dismissing a legal action.

• Section 15-3-970

  If the court awards sanctions pursuant to Section 15-3-1000(B), the court shall issue findings regarding whether the legal action was brought to deter or prevent the moving party from exercising constitutional rights and is brought for an improper purpose, including to harass or to cause unnecessary delay or to increase the cost of litigation.

  This establishes a requirement for the court to issue findings if sanctions are awarded.

Action History

1. March 25, 2026

   Referred to Committee on Judiciary (House Journal-page 19)

2. March 25, 2026

   Introduced and read first time (House Journal-page 19)

Sponsors

• Representative Marvin "Mark" Smith · Primary

Subjects