SC House Freedom Caucus Chairman Adam Morgan makes comment “We fought back…” immediately following a Judge’s ruling on their free speech case.

A lawsuit to protect free speech filed back in March for the SC House Freedom Caucus against the House of Representatives Legislative Ethics Committee has been decided. The America First Legal (AFL) law group announced that summary judgment has been granted by the court in a victory for the SC freedom Caucus.

In a forty-page opinion, United States District Court Judge Cameron Currie permanently blocked the enforcement of state statutes that sought to limit the expressive and associational activities of the Freedom Caucus and other “legislative special interest caucuses,” finding them to be “a ban on speech.” The court held that the laws were written to favor the House Democrat Caucus, House Republican Caucus, the Black Caucus, and the Women’s Caucus. Judge Currie determined that these were special privileges for ‘favored groups’ which violated the Freedom Caucus’s First Amendment and Equal Protection rights.

“The Constitution protects the right to free speech, yet time and again, we have witnessed governments and free speech opponents attempt to prevent Americans from exercising this fundamental right protected by the First Amendment,” said America First VP, Gene Hamilton in a statement. He added that “South Carolina had in place a particularly egregious law that permitted free speech by certain favored groups but not others.”

Freedom Caucus member Jay Kilmartin, R-Lexington District 85, said, “The irony is, everything the established caucuses are saying that we will now be able to do, they have been doing for a few decades. And they’re telling everyone how terrible it will be for South Carolina. You can’t make this stuff up.“ Kilmartin added that “This ruling will now allow any group to caucus together, and it gives equal footing for all political ideology, not just based on party, color or gender. Conservatism will now have a bigger voice in our extremely moderate Republican run legislature.”

Named as defendants in the case were members of the House of Representatives Legislative Ethics Committee, commonly known as the House Ethics Committee. That committee is comprised of members of both Democrat and Republican parties.

A total of ten members on the Committee were sued in their official capacity. Noteworthy among those named in the suit violating the free speech rights of the SC Freedom Caucus were Republican members Paula Rawl Calhoon, R-Lexington District 87, and; Micah P. Caskey, IV, R-Lexington District 89, both from Lexington County. In the 2022 election, Caskey narrowly beat challenger Melanie Shull by only 26 votes in a mandated vote recount.

Other Republican members on the House Ethics Committee who violated the free speech rights of the SC Freedom Caucus included: Neal A. Collins, R-Pickens District 5; Ethics Committee Chairman Wallace H. “Jay” Jordan, Jr., R-Florence District 63; and Robby Robbins, R-Dorchester District 97.

Democrats on the House Ethics Committee who were sued for violating violating the free speech rights of the SC Freedom Caucus include: Ethics Committee Vice Chairman J. David Weeks, D-Sumter District 51; Beth E. Bernstein, D-Richland District 78; John Richard C. King, D-York District 49; Minority Leader and Black Caucus leader J. Todd Rutherford, D-Richland District 74; and Leonidas E. Stavrinakis, D-Charleston District 119.

These Legislative Ethics Committee members were all sued in their official capacities as members of the SC State Legislature. Ironically some of these members are and were members of caucuses permitted to speak freely yet they voted to censor the House Freedom Caucus members.

The Greenville News Online reported that Rep. Micah Caskey, R-Lexington District 89, who was named in the suit, said the judge “blast(ed) a hole in our state ethics laws.” The online media reported that Caskey was concerned that “the ruling will open the door for state lawmakers to raise undisclosed funds in coordination with their campaigns.”

In contrast State Rep. and Freedom Caucus member Rob Harris, R-Spartanburg District 36, stated “I am greatly encouraged by the judge’s ruling in this case. It establishes equal justice for political speech. Now, the Establishment will be challenged to function on a level playing field with competing interests, like the SC Freedom Caucus—and that terrifies them.”

The recent order now allows the SC Freedom Caucus to have equal footing among other Caucuses to distribute election materials, fundraise, and participate in other activities. The House Ethics Committee had previously limited free speech of the Freedom Caucus while protecting ‘favored groups’ like the House Republican, Democratic, Black and Women’s Caucuses. Those favored groups were segregated by political party, race, ethnicity and gender and will no longer be allowed to stifle or violate the speech activities of the Freedom Caucus.

Freedom Caucus Chairman Adam Morgan said immediately following the ruling that “A few months ago we stood up for our 1st amendment rights and the rights of others.” He continued that “For far too long the establishment has used rules, norms, and even state law to silence opposition and protect their political power.

“Perhaps the most egregious example of this cronyism was a blatantly unconstitutional law that only allowed select, favored caucuses… to engage in political activity while prohibiting all others (like the Family, Military, and Freedom Caucuses) from doing the same under penalty of law. We fought back…”

Judge Currie, referencing a 2010 ruling in Citizens United v. Fed. Election Comm’n, stated in the brief that “By prohibiting special interest caucuses from engaging in election-related speech, making expenditures for that speech, and soliciting contributions for that speech, South Carolina’s law operated as ‘a ban on speech.’”

Hamilton said, “We are thrilled to have prevailed in this case for our clients in the South Carolina Freedom Caucus and to have advanced the cause of free speech for all Americans.”

Michael Reed is Publisher of The Standard newspaper, print and online. You may find our videos available on Rumble. The bulk of TheStandardSC video media channel has been censored by dominant social media groups like YouTube. YouTube, owed by Alphabet (Google), removed and destroyed all of our video work without permission or remuneration. That has stopped all potential donations from our many supporters on that venue. If you want to continue to see independent thought and reports please “like”, comment, share with a friend, and donate to support The Standard on this page to assure the continued availability of news that is ignored too often by the dominant media.

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