SC Citizens Participation Act

2025-2026 Bill 5420: SC Citizens Participation Act - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5420
STATUS INFORMATION
General Bill
Sponsors: Rep. M.M. Smith
Document Path: LC-0400HDB26.docx
Introduced in the House on March 25, 2026
Currently residing in the House Committee on
Judiciary
Summary: SC Citizens Participation Act
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

3/25/2026

House

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

3/25/2026

House

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

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
03/25/2026

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.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
C
hapter 3, Title 15 of the S.C. Code is amended by
adding:

A
rticle 7

S
outh Carolina Citizens Participation Act

S
ection
15-3-900
. This article may be sited as the "South Carolina Citizens
Participation Act."

S
ection
15-3-910
.
A
s used in this article:

(
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:

(
a)
a communication in or pertaining to:

(
i)
a judicial proceeding;

(
ii)
an official proceeding, other than a judicial proceeding, to administer the
law;

(
iii)
an executive or other proceeding before a department of the state or federal
government or a subdivision of the state or federal government;

(
iv)
a legislative proceeding, including a proceeding of a legislative committee;

(
v)
a proceeding before an entity that requires by rule that public notice be given
before proceedings of that entity;

(
vi)
a proceeding in or before a managing board of an educational or eleemosynary
institution supported directly or indirectly from public revenue;

(
vii)
a proceeding of the governing body of any political subdivision of this State;

(
viii)
a report of or debate and statements made in a proceeding described by
subsubitem (iii), (iv), (v), (vi), or (vii); or

(
ix)
a public meeting dealing with a public purpose, including statements and
discussions at the meeting or other matters of public concern occurring at the
meeting;

(
b)
a communication in connection with an issue under consideration or review by a
legislative, executive, judicial, or other governmental body or in another
governmental or official proceeding;

(
c)
a communication that is reasonably likely to encourage consideration or review
of an issue by a legislative, executive, judicial, or other governmental body
or in another governmental or official proceeding;

(
d)
a communication reasonably likely to enlist public participation in an effort
to effect consideration of an issue by a legislative, executive, judicial, or
other governmental body or in another governmental or official proceeding; and

(
e)
any other communication that falls within the protection of the right to
petition government under the Constitution of the United States or the
Constitution of this State.

(
5)
"Governmental proceeding" means a proceeding, other than a judicial proceeding,
by an officer, official, or body of this State or a political subdivision of
this State, including a board or commission, or by an officer, official, or
body of the federal government.

(
6)
"Legal action" means a lawsuit, cause of action, petition, complaint,
cross-claim, or counterclaim or any other judicial pleading or filing that
requests legal, declaratory, or equitable relief. The term does not include:

(
a)
a procedural action taken or motion made in an action that does not amend or
add a claim for legal, equitable, or declaratory relief;

(
b)
alternative dispute resolution proceedings; or

(
c)
postjudgment enforcement actions.

(
7)
"Matter of public concern" means a statement or activity regarding:

(
a)
a public official, public figure, or other person who has drawn substantial
public attention due to the person's official acts, fame, notoriety, or
celebrity;

(
b)
a matter of political, social, or other interest to the community; or

(
c)
a subject of concern to the public.

(
8)
"Official proceeding" means any type of administrative, executive, legislative,
or judicial proceeding that may be conducted before a public servant.

(
9)
"Public servant" means a person elected, selected, appointed, employed, or
otherwise designated as one of the following, even if the person has not yet
qualified for office or assumed the person's duties:

(
a)
an officer, employee, or agent of government;

(
b)
a juror;

(
c)
an arbitrator, referee, or other person who is authorized by law or private
written agreement to hear or determine a cause or controversy;

(
d)
an attorney or notary public when participating in the performance of a
governmental function; or

(
e)
a person who is performing a governmental function under a claim of right but
is not legally qualified to do so.

S
ection
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.

S
ection
15-3-930
.
(
A) 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. A party under this
section does not include a government entity, agency, or an official or
employee acting in an official capacity.

(
B) A
motion to dismiss a legal action under this section must be filed no later than
the sixtieth day after the date of service of the legal action. The parties,
upon mutual agreement, may extend the time to file a motion under this section
or the court may extend the time to file a motion under this section on a
showing of good cause.

(
C)
Except as provided by Section
15-3-960
(B), on the filing of a motion under this
section, all discovery in the legal action is suspended until the court has
ruled on the motion to dismiss.

(
D)
The moving party shall provide written notice of the date and time of the
hearing pursuant to Section
15-3-940
no later than twenty-one days before the
date of the hearing unless otherwise provided by agreement of the parties or an
order of the court.

(
E) A
party responding to the motion to dismiss shall file the response, if any, no
later than seven days before the date of the hearing on the motion to dismiss
unless otherwise provided by an agreement of the parties or an order of the
court.

S
ection
15-3-940
.
(
A) 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).

(
B) In
the event that the court cannot hold a hearing in the time required by
subsection (A), the court may take judicial notice that the court's docket
conditions required a hearing at a later date, 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).

(
C) If
the court allows discovery pursuant to Section
15-3-960
(B), the court may
extend the hearing date to allow discovery under that subsection, but in no
event shall the hearing occur more than one hundred and twenty days after the
service of the motion pursuant to Section
15-3-930
.

S
ection
15-3-950
.
(
A) 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.

(
B)
Except as provided by subsection (C), on the motion of a party pursuant to
Section
15-3-930
, a court shall dismiss a legal action against the moving party
if the moving party demonstrates that the legal action is based on or is in
response to:

(
1)
the party's exercise of:

(
a)
the right of free speech;

(
b)
the right to petition; or

(
c)
the right of association; or

(
2)
the act of a party described by Section
15-3-1010
(B).

(
C)
The court may not dismiss a legal action under this section if the party
bringing the legal action establishes by clear and specific evidence a prima
facie case for each essential element of the claim in question.

(
D)
Notwithstanding the provisions of subsection (C), the court shall dismiss a
legal action against the moving party if the moving party establishes an
affirmative defense or other grounds on which the moving party is entitled to
judgment as a matter of law.

S
ection
15-3-960
.
(
A) 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.

(
B) On
a motion by a party or on the court's own motion and on a showing of good
cause, the court may allow specified and limited discovery relevant to the
motion.

S
ection
15-3-970
.
(
A) 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.

(
B)
The court must issue findings under subsection (A) no later than the thirtieth
day after the date a request under that subsection is made.

S
ection
15-3-980
. Neither the court's ruling on the motion nor the fact that it made
such a ruling shall be admissible in evidence at any later stage of the case,
and no burden of proof or degree of proof otherwise applicable shall be
affected by the ruling.

S
ection
15-3-990
.
(
A) If a court does not
rule on a motion to dismiss pursuant to Section
15-3-930
in the time prescribed
by Section
15-3-950
, the motion is considered to have been denied by operation
of law and the moving party may appeal.

(
B) An
appellate court shall expedite an appeal or other writ, whether interlocutory
or not, from a trial court order on a motion to dismiss a legal action pursuant
to Section
15-3-930
or from a trial court's failure to rule on that motion in
the time prescribed by Section
15-3-950
.

S
ection
15-3-1000
.
(
A) Except as provided
by subsection (C), if the court orders dismissal of a legal action under this
article, the court:

(
1)
shall award to the moving party court costs and reasonable attorney's fees
incurred in defending against the legal action; and

(
2)
may award to the moving party sanctions against the party who brought the legal
action as the court determines sufficient to deter the party who brought the
legal action from bringing similar actions described in this article.

(
B)
If the court finds that a motion to dismiss filed under this article is
frivolous or solely intended to delay, the court may award court costs and
reasonable attorney's fees to the responding party.

(
C)
If the court orders dismissal of a compulsory counterclaim under this article,
the court may award to the moving party reasonable attorney's fees incurred in
defending against the counterclaim if the court finds that the counterclaim is
frivolous or solely intended for delay.

S
ection
15-3-1010
.
(
A) This article does
not apply to:

(
1)
an enforcement action that is brought in the name of this State or a political
subdivision of this

S
tate;

(
2)
a legal action brought against a person primarily engaged in the business of
selling or leasing goods or services, if the statement or conduct arises out of
the sale or lease of goods, services, or an insurance product, insurance
services, or a commercial transaction in which the intended audience is an
actual or potential buyer or customer;

(
3)
a legal action seeking recovery for bodily injury, wrongful death, or survival
or to statements made regarding that legal action;

(
4)
a legal action brought under Title 38 or arising out of an insurance contract;

(
5)
a legal action arising from an officer-director, employee-employer, or
independent contractor relationship that:

(
a)
seeks recovery for misappropriation of trade secrets or corporate
opportunities; or

(
b)
seeks to enforce a nondisparagement agreement or a covenant not to compete;

(
6)
a legal action filed under Title 20 or 63;

(
7)
a legal action brought under Chapter 5, Title 39;

(
8)
a legal action in which a moving party raises a defense of immunity from civil
liability;

(
9)
an eviction suit brought under Chapter 37, Title 27;

(
10)
a disciplinary action or disciplinary proceeding brought under Chapter 5, Title
40, or the South Carolina Rules of Professional Conduct;

(
11)
a legal action brought under Chapter 27, Title 8;

(
12)
a legal action based on a common law fraud claim; or

(
13)
a legal malpractice claim brought by a client or former client.

(
B)
Notwithstanding subsection (A)(2), (7), and (12), this article applies to:

(
1)
a legal action against a person arising from any act of that person, whether
public or private, related to the gathering, receiving, posting, or processing
of information for communication to the public, whether or not the information
is actually communicated to the public, for the creation, dissemination,
exhibition, or advertisement or other similar promotion of a dramatic,
literary, musical, political, journalistic, or otherwise artistic work,
including audiovisual work regardless of the means of distribution, a motion
picture, a television or radio program, or an article published in a newspaper,
website, magazine, or other platform, no matter the method or extent of
distribution; and

(
2)
a legal action against a person related to the communication, gathering,
receiving, posting, or processing of consumer opinions or commentary,
evaluations of consumer complaints, or reviews or ratings of businesses.

S
ECTION 2. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on March 25, 2026 at 11:34 AM