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Tuesday, May 20, 2025

Fight for Free Speech in the Federal Court

 Brown V. Charleston - Defending Free Speech in the Federal Court

Charleston, SC, May 20, 2025-
Brown v. Charleston, # 2:25-cv-2649 DCN MHC,  is a Lawsuit filed in the US District Court for South Carolina/Charleston Division In March 2025 seeking to protect the free speech rights of people (Citizens and Non-citizens) who need to exercise their right of free speech under the First and Fourteenth Amendments to the Constitution of the United States. The case is being presided over by Judge David Norton. 

William J. Hamilton, III, Attorney at Law is representing and appearing as a Plaintiff in this action. He has been an attorney in SC for over 40 years and has been working as a social justice activist for 50 years. He is the Executive Director of Lowcountry Up is Good, Inc. PAC and Best Friends of Lowcountry Transit, Inc. 


You can read the Complaint filed with the Court which states what the City has been doing wrong and what relief the Plaintiffs are seeking and the Memorandum Filed with the Court for April 4th. Hearing


Scan QR Code at left to reach this page on your mobile device


Action in this matter was suspended when Attorney William Hamilton received third degree burns while making “Rosa Parks” Pancakes during a demonstration in Brittlebank Park, injuries probably aggravated when the City of Charleston prohibited organizers from using tables as part of their event. He was hospitalized for four weeks at the MUSC burn ward, but has now been released. Progress on the case will resume shortly. 


Anyone interested in the case should establish a PACER account (Public Access to Court Electronic Documents) so they can read all the documents filed by both sides in the Lawsuit, including the documents filed by the city which may be helpful to those applying for permits in the City. 


It’s already clear municipalities across the region and their Police Departments are alarmed at the great increase in free speech and progressive political activity across the region and the possible threat it might pose to officials facing re-election in this November’s municipal election. Best Friends of Lowcountry Transit recently encountered obstacles to basic leafleting in Summerville while doing outreach work identical to that which they had been doing at that location in that fashion for ten years without challenge or problem. 


These municipalities and their police departments are trading ideas and strategies on ways to discourage political activity and ideas which might change the Lowcountry for the better and bring things like higher wages, better transit, affordable housing, improved education and accessible healthcare to ordinary citizens. Anything happening in Charleston now will soon be a problem elsewhere. Established political forces are frustrated that Trump’s sudden extremism has activated large scale local opposition which might doom their long term plan to discourage people who want something better until they leave, quit or die. This is the 3E strategy, exile, exhaust or expire. 


We’re ready to help organizations across the Lowcountry work together to be sure we use the power of the Federal Court to protect the First Amendment. We’re preparing a motion to file to be sure activists aren’t unfairly deprived of their right to use public address systems, tents and tables at their events. 

We Need Your Help

However, if we are going to be able to help you, you need to help us. There are several important and effective things you can do. 


Image, Judge Norton of the US District Court.


  1. Establish a PACER account and follow developments in the case as they are filed. Use the documents to learn about the issues, local government policies and the court’s decisions so you can be better prepared to use and maintain your right to assemble, speak and organize your efforts. 

  2. Join the Case as a Plaintiff. We are currently seeking one or more additional persons to serve as Plaintiffs in the Case. All three of the current Plaintiffs are over age 65 and together represent 160+ years of social justice activism, however we would like to add some younger people to the head of the case since it is the future of their rights which we are litigating. City of Charleston residents who have been active in the local fight for social justice are most needed. 

  3. Record and maintain records. Take notes and collect video regarding any encounter with anyone, government official or otherwise who attempts to interfere with your freedom of speech, in person or online. Keep detailed notes as events are happening and save copies of all documents. In some cases, we’ll be able to file your records and an affidavit from you stating what is happening with the court. 

  4. Share what you are learning and what effective strategies you have found for using and protecting your free speech with us and other activists. 

  5. Show up when we have hearing in Court so the community will understand that there is real support for free speech here. 

  6. Sign up for our emails so we can keep you updated. 

  7. Follow us on Blue Sky at https://bsky.app/profile/wjhamilton29464.bsky.social and search for posts tagged #chsresist or #TIDEact.

  8. Contribute to support our effort through ACT Blue. We need to pay for the expenses of taking depositions, printing and filing fees. William Hamilton will only be paid fees from the Defendant, City of Charleston at the end of the case if we win. He is not being compensated from your contributions. 

Thank You

We understand how frightened, impatient and scared that many of you are at the staggering recent erosion of once commonplace opportunities to impact the political system in the Lowcountry. We know we are less free here than we have been at any time in most of our lives.


Judge Norton is a fine judge. He will give us a fair and patient hearing. He can, however, only consider the facts and law we put before him. If you will help us do that, we believe we can reverse most of the damage that has been done to your constitutional freedoms in a city now being run for the benefit of the rich, tourists, and real estate developers. 


We will continue to pursue this case against the City of Charleston until we obtain a just result. We are prepared to file actions against any Lowcountry government or private entity which attempts to strangle free speech. We would warn local governments considering a quiet capitulation to local MAGA pressure groups that fighting us in court will be long, expensive and ultimately humiliating for you. Even in South Carolina, freedom will not fade away without a fight. 


Feel free to contact us with your ideas or questions. 

Contact Information

William J. Hamilton, III
Attorney at Law
Executive Director, Lowcountry Up is Good, Inc. (Petigru Free Speech Defense Project)

Ph. (843) 870-5299

Email wjhamilton29464@gmail.com
Blue Sky https://bsky.app/profile/wjhamilton29464.bsky.social


#TIDEact
#chsresist




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