COLUMBIA, S.C. (Legal Newsline) — The South Carolina Freedom Caucus is claiming the group's Constitutional rights are being violated by state law bans on certain legislative caucuses.
South Carolina Freedom Caucus filed a complaint Feb. 28 in the U.S. District Court for the District of South Carolina against Wallace Jordan and other members of the South Carolina House of Representatives Legislative Ethics Committee alleging violation of the First Amendment and other claims.
The plaintiff claims in its suit that South Carolina state law bans legislative caucuses "formed by certain speakers from engaging in core political speech," yet allows "favored caucuses" to engage in political speech, campaign and fundraise.
It alleges its caucus can not engage in "core political speech" while the House Democratic Caucus, The Black Caucus and Women's Caucus may speak while the Family Caucus, Pride Caucus and Jewish Caucus may not. The plaintiff claims the state can not show "any compelling interest or narrowly tailored means" to justify the alleged discrimination.
It further claims that members of its caucus risk investigation, reprimands, expulsion and criminal prosecution.
The plaintiffs seek monetary relief, interest and all other just relief. They are represented by Christopher Mills of Spero Law LLC in Charleston and Gene Hamilton and Reed Rubinstein of America First Legal Foundation in Washington, D.C.
U.S. District Court for the District of South Carolina Columbia Division case number 3:23-CV-00795-CMC