South Carolina Attorney General Alan Wilson has announced his leadership of a 20-state amicus brief urging the Eleventh Circuit Court of Appeals to permit states to address homelessness and vagrancy. The brief is part of an ongoing legal debate over whether state laws regulating public begging infringe on First Amendment rights.
“The homelessness and poverty crisis does not stay within state lines,” said Attorney General Wilson. “Each state should be able to protect its citizens while also creating constructive and long-term solutions to this problem.”
Recent Census data indicates that the national poverty rate stands at 10.6 percent, affecting nearly 40 million Americans. In response to these challenges, states have enacted regulations on public begging, citing citizen safety concerns. A recent Executive Order from President Trump has also influenced these regulatory efforts.
The central issue before the court is whether such regulations violate constitutional protections for freedom of speech. A lower court’s decision regarding an Alabama law could affect how all states regulate panhandling.
“In our judicial system, the court is the umpire,” Wilson said. “It calls balls and strikes but doesn’t get a turn at bat.”
Attorneys general from Alaska, Arkansas, Florida, Georgia, Guam, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Nebraska, Oklahoma, South Dakota, Tennessee, Texas, Utah, and West Virginia joined Wilson in filing the brief in support of Alabama’s position.
The South Carolina Attorney General serves as the state’s primary legal advocate and enforcer—overseeing prosecutions and regulations across South Carolina and collaborating with law enforcement agencies on criminal matters (official website). The office also supports victims of crime through advocacy programs and provides consumer protection services statewide (official website). Alan Wilson currently leads the office as Attorney General (official website).
You can read the brief here.
