SC House Freedom Caucus takes colleagues to federal court on free speech grounds
The South Carolina House Freedom Caucus is taking its colleagues to federal court.
The caucus, an ultra-conservative wing of S.C. House Republicans, filed a lawsuit Tuesday against House Ethics Committee members — Republicans and Democrats, chaired by state Rep. Jay Jordan, R-Florence — over free speech grounds. The group, led by state Rep. Adam Morgan, R-Greenville, is asking the court to equal the playing field for legislative caucuses, allowing them, most importantly, to solicit donations and get involved in campaigns similar to the two main party caucuses in the lower chamber.
State ethics law only allows the Republican, Democratic, Legislative Black Caucus and Women’s caucuses to raise money, openly advocate for candidates and hire staff.
Other caucuses, such as the military caucus, family caucus and freshmen caucuses, cannot.
“Our political speech is muzzled by current ethics laws. Certain groups are disfavored,” Morgan said. “This strikes at the core of the issues that we have here in Columbia, where those in power use rules, norms and even state law to create a culture of conformity and protect their power.”
Speaker of the House Murrell Smith, R-Sumter, in a statement said he did not know the details of the lawsuit.
But, “I am confident the courts will sort it out as is their purpose,” Smith said. “In the meantime, my focus will continue to be on legislating, not litigating.”
Jordan said no one from the Freedom Caucus or other caucuses reached out to him about wanting to raise money.
State Rep. Micah Caskey, R-Lexington, who sits on the House Ethics Committee, was less reserved with his comments.
“I think this is a reflection of a group of people who don’t understand how legislating works,” Caskey said, speaking for himself. “Instead of introducing a bill that would change the law, they’re running to the courts to try and get what they can’t achieve by themselves by working with other folks in the legislature.”
The federal lawsuit is the latest in a power tug-of-war among House Republicans, stemming back, in part, to the June 2022 primaries when two GOP legislators helped a Republican candidate try to oust one of their party colleagues — an effort that was unsuccessful.
The Freedom Caucus also has sued the Lexington One and Charleston County school districts accusing them of teaching critical race theory.
One of those involved, state Rep. RJ May, R-Lexington, has helped form the newly created S.C. House Freedom Caucus, part of a broader national group that has prioritized conservative legislation, such as anti-abortion bills, anti-critical race theory legislation and anti-environmental, social, and corporate governance efforts.
The group’s tactics, unpopular among most Republicans in the 124-member House, have included taking photos of the public vote board to show constituents how their Republican representatives are voting on specific bills. The tactics have resulted in the group’s ousting from the main caucus.
In the last few weeks, people in the state have received text messages from the State Freedom Caucus Network opposing the “loyalty pledge” in South Carolina’s House.
Separately, people within districts represented by members of the S.C. Freedom Caucus have received text messages attacking Freedom Caucus lawmakers.
A majority of the House Freedom Caucus has chosen not to sign rules put in place since the last election that cover decorum and internal Republican caucus strategy. The group has taken particular interest in a specific rule that disallows legislators, such as May who runs a political consulting firm, from campaigning against fellow caucus members.
The Freedom Caucus is being represented on a pro-bono basis by America First Legal, an organization led by former Trump administration senior advisor Stephen Miller.
Freedom Caucus members say they are forbidden from raising money because theirs is a special interest group, but “legislative caucus committees” based on party, gender or ethnicity may raise money, engage in extensive political speech and serve as clearinghouses for receiving and disbursing candidate money.
If the lawsuit is successful, Morgan said he isn’t worried other caucuses would seek to raise money and advocate for candidates, even if it’s a group opposed to the Freedom Caucus viewpoints.
“I hope my political opponents organize a caucus and go out and engage in political activity so that we can have a more robust public discussion and all of the people across the state can get more engaged, informed about what we’re doing and can hold us accountable,” Morgan said.
This story was originally published February 28, 2023 at 2:31 PM.
