COLUMBIA, S.C. (Legal Newsline) - Lawmakers in South Carolina have won their lawsuit against part of state ethics law that kept them from various political activities.
Federal judge Cameron McGowan Currie granted summary judgment to the South Carolina Freedom Caucus, which argued it was restricted from "core political speech" even though "favored caucuses" were allowed to campaign and fundraise.
"The court finds Plaintiff meets the factors for granting a permanent injunction," Currie wrote. "Plaintiff will suffer irreparable injury by having its speech restricted by law in the absence of a permanent injunction.
"It is well established that the loss of First Amendment freedoms, even for minimal periods of time, unquestionably constitutes irreparable injury."
Members of the state House of Representatives who wish to promote conservative principles like the rule of law and equal protection make up the Freedom Caucus. They said their free speech rights were violated because they were prohibited from engaging in "any activity that would influence the outcome of an election or ballot measure" while other caucuses could engage in speech and raising and spending money for such political speech.
Those caucuses with "favored" causes are the House Democratic Caucus, the Black Caucus and Women's Caucus, the suit says. Caucuses organized according to party, race or gender were permitted to engage in political speech, irking the others who were not.
The Freedom Caucus said South Carolina, which passed ethics measures in response to corruption in the state legislature that saw 17 members arrested for bribery, extortion or drug use between 1989-99.
In 2006, the legislature added a new type called "legislative special interest caucus," overriding a veto from the governor's office.
There are 15 House legislative special interest caucuses that will be helped by Currie's opinion. She found the portion of state law not allowing them to "engage in any activity that would influence the outcome of an election or ballot measure violates the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.
It also struck down the portion stating a lobbyist can't offer or provide contributions to a legislative special interest caucus. Those groups can now solicit contributions and accept funds from a lobbyist, while no longer maintaining the name and address of each person making a donation in the past four years.