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WASHINGTON, D.C. – Today, America First Legal (AFL) announced it has secured a complete and total victory for South Carolina Representative Thomas Beach, who was sued for defamation merely for reposting an online article discussing legitimate public concern about a local school allowing children to change their pronouns without parental notification. In partnership with co-counsel Christopher Mills, AFL filed a motion to dismiss, and before the motion was even argued, the plaintiff agreed to dismiss the lawsuit against Representative Beach with prejudice.
The lawsuit, which was filed in Beaufort County, South Carolina, stemmed from an online story about a teacher at Hilton Head Island Middle School. According to that story, titled “SC Teacher Busted: Secret Gender/Sex-Orientation Surveys to Middle Schoolers,” the teacher had distributed a survey that asked for her students’ preferred names and pronouns; the teacher also asked whether the student wanted to keep their preferred names and pronouns from their parents and guardians and told the students that “I promise to keep these just between you and me :)” In disclosing these facts and prior incidents involving another teacher, the author of the story commented that “[i]t seems there is more than one teacher in Hilton Head Middle School grooming pre-teen students in an overtly sexualized lifestyle.”
Shortly after publication, Representative Beach reposted the story on his campaign Facebook page, adding the text: “Great reporting Corey Allen!” That was apparently enough for the teacher, represented by the Equality Legal Action Fund, to sue Representative Beach, along with the story’s author and concerned parents.
AFL promptly filed a motion to dismiss, arguing that Representative Beach’s post was not a defamatory republication, he was immune under the Communications Decency Act, the underlying statement in the story was protected opinion, and the underlying statement was on a matter of public concern and the plaintiff failed to meet her burden of proof under New York Times v. Sullivan. On June 11, 2025, without AFL even needing to argue the motion to dismiss, the plaintiff dismissed the case against Representative Beach with prejudice.
Statement from Ian Prior, America First Legal Senior Counsel:
“The right to speak out on legitimate matters of public concern is fundamental to our Constitutional republic. It is difficult to conceive of something that is more of a public concern than the manner in which the government and its officers educate our children, especially when that education directly conflicts with the rights of parents to guide the health, welfare, and education of their children. AFL is proud to have stood up for Representative Thomas Beach and will continue to serve as the first line of defense against those who attempt to silence the voices of everyday Americans standing up for their rights.”
Statement from Representative Thomas Beach:
“The powerful in this country have made an art form of lawfare, the tactic of using the courts and judicial system to silence conservative voices and other dissenters. Thanks to America First Legal, in this case justice prevailed. Their tireless defense of the Constitution and commitment to equal protection under the law ensured that my free speech was not trampled by left-wing lawfare. This victory is a win for free speech, for the rule of law, and for every American who refuses to be silenced.”
Read AFL’s motion to dismiss here.
Read the stipulation of dismissal here.
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