Anti-SLAPP Laws in South Carolina
At a glance
| Governing law | None enacted. The official current Title 15 index contains no anti-SLAPP chapter, and current Chapter 3 contains Articles 1, 2, 3, and 5 — not the proposed Article 7. The only nearby statewide scheme is the general South Carolina Frivolous Civil Proceedings Sanctions Act, S.C. Code § 15-36-10. H.3305/S.43 and H.5420 did not become law before the 2025-2026 regular session adjourned sine die on May 14, 2026 |
|---|---|
| What speech/conduct is protected | N/A No South Carolina anti-SLAPP statute defines protected petitioning, speech, press, assembly, or association activity |
| Special motion to strike/dismiss | N/A No anti-SLAPP special motion, filing deadline, expedited hearing, ruling deadline, or automatic discovery stay. Ordinary civil-procedure motions apply |
| Burden of proof | N/A No SLAPP-specific burden shift or evidentiary screen. Ordinary pleading and summary-judgment standards apply; § 15-36-10 separately uses a reasonable-attorney/frivolousness standard for sanctions |
| Attorney's fees | No SLAPP-specific fee shifting. Under the general sanctions act, a court may impose a just sanction for a violating filing, and sanctions may include the prevailing party's reasonable costs and attorney's fees (§ 15-36-10(B)(2), (G)(1)) |
| Appeal rights | N/A No anti-SLAPP interlocutory appeal or expedited appeal exists. Ordinary appellate rules govern |
| Exemptions | N/A There is no anti-SLAPP statute and therefore no statutory exemptions list |
Requirements one by one
What applies without an anti-SLAPP statute
South Carolina has no special statutory procedure for a claim based on speech, petitioning, press, assembly, or association. The official current Title 15 index contains no anti-SLAPP chapter, and Chapter 3 has no Article 7 of the kind the failed bills proposed. A defendant therefore uses the ordinary civil rules; there is no anti-SLAPP filing deadline, automatic discovery stay, special evidentiary screen, mandatory prevailing-movant fee award, or special interlocutory appeal.
The closest statewide statute is the general Frivolous Civil Proceedings Sanctions Act, S.C. Code § 15-36-10. It applies to civil litigation generally, not only to speech cases. A signature certifies that a reasonable attorney would view the filing as legally supportable, not intended merely to harass, and not frivolous or interposed for delay. A violation can produce a sanction the court considers "just, equitable, and proper," including reasonable costs and attorney's fees (§ 15-36-10(B)(2), (G)(1)). That is a sanctions mechanism, not an early anti-SLAPP motion.
What trips people up
- Old bill trackers can still make H.3305 or H.5420 look pending. H.3305 stopped after a second Senate reading in May 2025; H.5420 never left House Judiciary. The regular session adjourned sine die on May 14, 2026, so both proposals died and would need to be introduced again in a later General Assembly.
- General sanctions are not anti-SLAPP protection. Section 15-36-10 can penalize a frivolous filing, but it does not create an automatic stay, expedited hearing, special burden shift, or speech-specific right to fees and appeal.
Common questions
Does filing a motion to dismiss automatically stop discovery? No. South Carolina has no anti-SLAPP automatic stay. Any stay must come from the ordinary civil rules or a court order applicable to the case.
Can H.3305 still become law without being reintroduced? No. It did not complete Senate passage before the 2025-2026 regular session ended. The official Senate Journal records sine die adjournment on May 14, 2026.
Can a court award fees for a frivolous speech-related lawsuit? Potentially under the general sanctions act. Section 15-36-10(G)(1) allows reasonable costs and attorney's fees as a sanction, but only under that general statute's standards — not through a special anti-SLAPP prevailing-party rule.
Statutes and sources
- S.C. Code Title 15 index and Chapter 3 — current civil-remedies structure; no enacted anti-SLAPP chapter or proposed Article 7. https://www.scstatehouse.gov/code/title15.php and https://www.scstatehouse.gov/code/t15c003.php (accessed 2026-07-16)
- S.C. Code § 15-36-10 — general frivolous-civil-proceedings standards and available sanctions. https://www.scstatehouse.gov/code/t15c036.php (accessed 2026-07-16)
- H.3305 and H.5420 — final official bill histories before the session ended. https://www.scstatehouse.gov/sess126_2025-2026/bills/3305.htm and https://www.scstatehouse.gov/sess126_2025-2026/bills/5420.htm (accessed 2026-07-16)
- South Carolina Senate Journal, May 15, 2026 — records that the regular session adjourned sine die on May 14, 2026. https://www.scstatehouse.gov/sess126_2025-2026/sj26/20260515.htm (accessed 2026-07-16)
Source links
Every statute quoted above, linked, with the date we checked it.
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