By Mitchell Gunter

This year, will South Carolina’s abnormally high number of judiciary dilemmas finally disappear in one fell swoop?
With Sen. Lindsey Graham, one of the Palmetto State’s own, taking over the Senate Judiciary Committee next week, it certainly appears so. Or, at least, that’s what one would hope.

Many South Carolinians remain concerned about the continued assault on freedom of speech from local government, social media giants, and public universities alike.

In early October, Summerville attorney Tom Fernandez criticized the South Carolina Department of Transportation (SCDOT) by making a satirical video of himself filling potholes with pizzas and commenting on the agencies’ Facebook page. Following his criticism, Fernandez found himself banned from the SCDOT Facebook page and subsequently filed a lawsuit alleging a breach of his First Amendment rights. Why no one the Judiciary Committee has yet to call on him, or the many others across the country that have experienced simlar situations, to testify remains to be seen, but as of this month, Sen. Graham can make it happen in no time at all.

As far as the free speech crisis on campus, Clemson University, my alma mater, has a long and sordid history on protecting freedom of speech, ranging from prohibiting the “solicitation” of prayer on campus to openly banning certain types of “memes” on campus, chilling the First Amendment rights of students, and still maintains unconstitutional policies to this day. The Judiciary Committee examined free speech protections on public college and university campuses a few years ago and is long overdue to take up the issue again.

Other examples of local issues that require the Justice Department’s oversight and guidance include potential rate hikes for music licensing in South Carolina bars and restaurants and concerns regarding the merger of Greenville Health System (GHS) and Palmetto Health.

Any establishment desiring to play music or host performances must purchase a performance rights license. Currently, the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music Inc (BMI) are the two companies that control 90-percent of all music public performance licenses.

As the Department of Justice (DOJ) is reviewing the music consent decrees that have for 70 years constrain these companies by ensuring competition and protecting new entrants into the industry, over a dozen businesses and organizations across South Carolina have signed onto a letter urging the DOJ to leave them in place.

From Charleston’s Morgan Creek Grill to Chapin’s Blue Marlin to Myrtle Beach’s Coastal Carolina Winery, these SC-native businesses fear price gouging by the music collective. While government intrusion in the marketplace is usually entirely unnecessary, it’s a different case entirely when dealing with these government-created monopolies. Fortunately, thanks to the recently passed Music Modernization Act, Congress now has more input over the DOJ’s review process into the current consent decree system – something that Sen. Graham must ensure the Judiciary Committee takes advantages of for the sake of songwriters, licensees, and consumers alike while it still can.

As far as the GHS-Palmetto Health merger, some SC conservatives have expressed alarm at the proposed “Prisma Health’s” effect on competition as well.

Lawsuits against GHS date back to 2016, when the organization restructured itself from a public non-profit into a private non-profit. Essentially, this amounted to a coup d’etat of taxpayer assets pumped into the system beginning in 1947 and eliminated all public oversight and control entirely.

In July, the parties settled the lawsuit, awarding Greenville County $2 million per year and $650,000 in legal fees, but concerns still remain about GHS’ operational decisions and the planned finalization of the GHS-Palmetto Health merger in early 2019. The Judiciary Committee must keep a keen eye on this issue and call upon experts on the ground to testify as needed to ensure that South Carolina’s consumers are not getting shelled.

The people of South Carolina have spoken, and it is clear that new hearings are necessary to protect the First Amendment in today’s digital frontier and preserve competition in the music and healthcare industries. The expectations that come with representing a state within the U.S. Senate do not go away when obtaining leadership status in Washington. Will Chairman Graham step in?

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Mitchell Gunter is a freelance author and political commentator residing in South Carolina. His commentary has appeared in the Washington Times and a wide array of local and national media outlets.

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