Are Two South Carolina Senators Trampling on our First Amendment Rights?

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by GRAHAM TRASK

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Wes Climer, the South Carolina Republican Senator representing District 15 in York County, and Ed Sutton, the S.C. Democratic Senator representing District 20 in Charleston County, are apparently the only obstacles preventing H. 3305 – the “South Carolina Public Expression Protection Act” – from being signed into law. It is alleged they are doing the bidding of a powerful Lowcountry real estate developer who wants to reserve the right to abuse our legal system to silence critics.

How can Climer seriously entertain a run for a seat in the U.S. House of Representatives while simultaneously failing to stand up for the U.S. Constitution and the First Amendment rights of all South Carolinians?

Why would a state senator allow themselves to be used by powerful individuals whose only goal is blocking legislation enshrining the right of all South Carolina citizens to speak freely without fear that influential, deep pocketed individuals will “bully” them into silence! 

Sutton’s vocation as a commercial real estate agent in Charleston should not be lost on anyone; in fact, it may be the underlying motive for his opposition to this legislation.

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Since its signing on September 17, 1787, our Constitution has formed the basis of our country’s existence, enduring and evolving through its 27 amendments. And the first ten amendments, ratified December 15, 1791 (and commonly known as the Bill of Rights), were composed specifically to protect individual liberties including freedom of religion, freedom of speech, freedom of the press, freedom to assemble, and the freedom to petition the government to address grievances or changes to policies.

Multiple assaults on the First Amendment occur every single day, as they have for the past 235 years. Powerful individuals and organizations regularly file lawsuits in retaliation against critics to “chill” their free speech rights, as well as financially and emotionally exhaust them. These lawsuits typically masquerade as defamation, conspiracy, abuse of process, interference with contractual relations, unfair trade practices, or malicious prosecution claims. 

Such lawsuits are so common throughout the United States they have been given a name: “Strategic Lawsuits Against Public Participation,” or SLAPP lawsuits. SLAPP suits are based on bogus, fabricated claims and often read like a fiction novel, rarely dealing in actual instances of a defendant defaming someone or causing them any material harm.

Thirty-nine of the fifty state legislatures in the United States have adopted anti-SLAPP legislation, which holds the plaintiff to a high burden of proof, resulting in early lawsuit dismissal prior to the time-consuming and expensive discovery process. These anti-SLAPP laws also require the plaintiff to pay the defendant’s attorney’s fees.

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South Carolina is one of the eleven remaining states that does not have anti-SLAPP legislation. That means powerful organizations and individuals are free to use our state’s legal system to intimidate critics into silence and trample on their First Amendment rights. Several notorious SLAPP lawsuits have been filed right here in the Lowcountry. One in 2017 involved a Hilton Head resident who criticized a local golf course rezoning. This resident was subsequently served with a defamation lawsuit costing him $81,000 and three years to have it dismissed.

Another 2017 suit involved an animal society sued for publicizing a video showing a carriage horse lying on the street and alleging mistreatment. This case also dragged on for years before dismissal. Other more recent SLAPP lawsuits continue to this day.

Efforts by our S.C. House Judiciary Chairman Weston Newton – whose district includes Hilton Head, Bluffton, Chechessee, and Burton – have been dogged on this important issue. But despite Newton’s repeated push to have anti-SLAPP legislation approved in the House, the Senate has thus far not approved the bill. Last March, the Senate was again poised to pass anti-SLAPP legislation but despite what appeared to be unanimous support in the Senate, Climer and Sutton allegedly tabled the bill at the request of an influential Lowcountry developer. 

Both Senator Tom Davis, chairman/South Carolina Senate Labor, Commerce, and Industry Committee, and Senator George “Chip” Campsen, chairman/South Carolina  Senate Fish, Game, and Forestry Committee, have expressed their full support for anti-SLAPP legislation. It’s understood the majority of our state Senators also support this bill. As we approach the end of the 2025-2026 legislative term, now is the time for our State Senate to pass it and send it on to Governor McMaster for signing into law.

The use and abuse of our legal system to file frivolous lawsuits to bully, intimidate, and exhaust individuals and organizations for speaking out is not only repugnant to our founding fathers’ vision, but a threat to all of our individual freedoms. If we are made to be fearful of the repercussions of expressing our thoughts or participating in the petitioning of our government, all we are left with is totalitarianism by the rich and the powerful. 

The First Amendment of the Bill of Rights applies to us all. It is past time for South Carolina to have an anti-SLAPP law to prevent the rich and powerful from trampling on our First Amendment rights! 

I urge Wes Climer and Ed Sutton to stop blocking this legislation and do what is right to ensure this legislation passes in 2026!

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ABOUT THE AUTHOR…

Graham B. Trask grew up in Beaufort, South Carolina and remains a Beaufort city resident. He was graduated from Duke University and Harvard Business School and pursued a career in the agricultural commodity financial derivatives business working internationally for large, global private companies and investment banks. Graham currently operates his own residential and commercial real estate development and investment company whereby he balances growth while still protecting Beaufort and its landmark historic district from overdevelopment. His stances against the overdevelopment of Beaufort have made him, and his father, each defendants in a $120 million SLAPP lawsuit. Graham is also the president of Protect Beaufort Foundation, Inc. (www.protectbeaufort.org), and Beautiful Beaufort Open Land Trust (www.beautifulbeaufortopenlandtrust.org). Contact him Graham@grahamtrask.com

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