State Senate: Republican majority
State House: Republican majority
Governor: Henry McMaster (R)
Attorney General: Alan Wilson (R)

Summary:

Deep-red South Carolina has recently considered bills to limit social media censorship, strengthen free speech on public college campuses, regulate the use of generative-AI, and prevent minors from accessing pornography websites, the latter of which recently became law. Attorney General Alan Wilson has also been an active participant in many speech-related AG coalition efforts and court cases occurring across the country. 

Key Policymakers:

• Sen. Lawrence Grooms [R]
• Rep. Travis Moore [R]
• AG Alan Wilson [R]

Legislative Activity:

H3102/ S 268 (2022): These bills create a new civil action cause for social media website users whose religious or political speech has, with some exceptions, been deliberately deleted or censored by a social media website and provides for damages, costs, and reasonable attorney fees for the prevailing party. In addition, it creates a new unfair trade practice subject to existing statutory penalties. Republican-only bill introduced by Rep. James Burns [R] and Sen. Lawrence Grooms [R] in Dec. 2022 but did not progress. 

SC 610 (2021): The “Social Media Bill of Rights”; to establish equal access without discrimination on account of race, religion, or political affiliation, to require social media platforms to provide a social media platform user with notice within a specified timeframe when his account is suspended or disabled, to provide for equal opportunity on social media platforms for qualified political candidates, to provide that the owner or operator of a social media platform is subject to a private right of action by a social media platform user in this state under certain conditions, to provide damages, to authorize the award of reasonable attorney fees and costs, to prohibit a social media platform from using hate speech as a defense, to authorize the attorney general to bring an action on behalf of a social media platform user, to provide exceptions for the deletion or censure of certain types of speech. Introduced by Sen. Billy Garrett [R] in Feb. 2021 but did not progress. 

SC 1282 (2022): A senate resolution to express the sense of the senate that Clemson University and other public colleges and universities must maintain a commitment to free speech and open inquiry. Republican-only resolution introduced by Sen. Lawrence Grooms [R] in April 2022 but did not progress. 

H 3467: This bill establishes the “Forming Open and Robust University Minds (FORUM) Act” to provide guidance and restrictions on the regulation of noncommercial expression of students by public Institutions of Higher Learning (IHL) in the state. The bill also  states that a person or student organization aggrieved by a violation of the chapter may bring an action against a state IHL and seek appropriate relief. Under the bill, the State waives its immunity under the Eleventh Amendment to the U.S. Constitution and provides that a public IHL in violation of the bill is not immune from suit or liability in federal court. Introduced by Rep. Bill Taylor [R] in Jan. 2023 but has not progressed. 

H 4700: The South Carolina Social Media Regulation Act. This bill establishes age verification and parental consent for minors under 18 to use social media. The bill authorizes the Attorney General to investigate and enforce these requirements, requires the Attorney General to develop an annual report accounting for the use of related administrative fines and fees collected during a given year, provides for a civil cause of action against persons non-compliant with the provisions of the bill. Introduced by Rep. Weston Newton [R] in Jan. 2024 and passed the House nearly unanimously in Feb. 2024.

S 404: This bill would prohibit operators of internet-based applications from using “automated decision systems” to place content on social media platforms for users under the age of eighteen who are residents of South Carolina. It would require operators to perform age-verification practices for certain users. Introduced by Sen. Danny Verdin [R] in Jan. 2023 but did not progress. 

H 4660: This bill would prohibit the distribution of deceptive and fraudulent deepfake media of a candidate within ninety days of an election unless the media includes requisite disclosure language, and to authorize a candidate whose likeness is depicted in media distributed in violation of this section to seek injunctive or other equitable relief as well as an action for damages against the distributor of the media. Introduced by Rep. Jermaine Johnson [D] in Jan. 2024 but has not progressed. 

HB 3424: (Signed into Law) The Child Online Safety Act provides that it is unlawful for website operators to make a pornographic website or website that provides materials that are harmful to minors available to persons under the age of eighteen and requires operators to employ reasonable age verification methods. Entities may be held liable for nominal damages, actual damages, court costs, and reasonable attorney fees, as well as punitive damages in qualifying cases. Introduced by Rep. Travis Moore [R] in Jan. 2023, passed both chambers nearly unanimously and signed into law on May 21, 2024. 

Legal Actions:

Amicus Brief in Massachusetts Schools Pronoun Case. This coalition, led by Attorney General Wilson, addresses the restriction of students’ speech in a Massachusetts school. A student was barred from wearing a shirt that stated, “There are only two genders,” because the school said it was considered hate speech and violated the dress code. The student then wore a modified version of the shirt that stated, “There are only censored genders.” The school again said he violated the dress code and prohibited him from wearing the shirt. On October 2, 2023, the brief, filed with the U.S. Court of Appeals for the 1st Circuit, argues “Speech that is merely offensive to a listener is not enough to justify a restriction. After all, if “there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. And ‘much political and religious speech might be perceived as offensive to some.’” Attorney General Wilson led Alabama, Arkansas, Georgia, Idaho, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Texas, Utah, and Virginia in filing this brief. 

Amicus Brief in Ohio School Pronoun Case. In collaboration with the Ohio Attorney General Dave Yost, Attorney General Wilson is supporting a group of students in an Ohio school district who are fighting against a district pronoun policy. The pronoun policy applies to students even off campus and out-of-school hours. Attorney General Wilson’s position is the policy is unlawful because it compels speech and forces students to affirm beliefs they do not hold. The brief, filed with the U.S. Court of Appeals for the 6th Circuit, argues, “The Policies unconstitutionally compel students to speak the Board’s views on gender. The Policies thus contravene a ‘fixed star in our constitutional constellation’: ‘no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.’” 

Amicus Brief in Mom’s For Liberty Case Against Florida School Board. On April 17, 2023, South Carolina Attorney General Alan Wilson filed an amicus brief with nine other AGs on behalf of Moms for Liberty, which accused a Florida school board of violating the First Amendment rights of parents. “Instead of being silenced, parents should absolutely have the opportunity and protection to speak at school board meetings or public forums,” Wilson said in a press statement. “Parental speech, particularly regarding education, is ingrained in our nation’s history and must be protected at all costs.” He was joined by the attorneys general of Alaska, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana and Texas in defending Moms for Liberty, a Florida-based non-profit advocating for parental rights in schools.

Return to Free Speech and Censorship Across the U.S. States

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