Freedom Caucus Wins Lawsuit

June 14, 2023

The South Carolina Freedom Caucus won its lawsuit against the House of Representatives Legislative Ethics Committee to give the Freedom Caucus the same rights as other legislative caucus.  Under South Carolina Law, SC Code, Section 2-17-10, the Freedom Caucus was not allowed to raise money, influence the outcome of an election, or engage in political speech.  Only caucus based on party, race, and gender were allowed to engage in those activities.

The ruling by Judge Currie struck down those restrictions and allows the Freedom Caucus to engage in free speech and money raising, the same as other caucuses.  The ruling also granted a permanent injunction against enforcing the South Carolina Ethics Law.  Judge Currie found the current law violates the First and Fourteenth Amendment of the United States Constitution.

The ruling will have far reaching affects for years to come as now any group of legislators can form a caucus and have the same rights and benefits as the previously protected caucuses.

A copy of the ruling is available here.

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