No Pepperoni Audits lawsuit has been confirmed in available court reporting. Joshua Roberts, the South Carolina First Amendment auditor who runs the channel, has been at the center of two well-documented confrontations with government employees, and he told a Florence County deputy on camera to “enjoy the lawsuit.” But as of the most recent reporting, no civil filing by Roberts has surfaced in the record.1WBTW. Florence County Deputy No Longer Employed After Recorded Incident Uploaded to YouTube
The Florence County Tackle That Prompted the Lawsuit Talk
In September 2022, Roberts was auditing a Florence County Sheriff’s Office location when Sgt. Paul Morrison tackled him to the ground and told him on camera he would be charged with resisting arrest.2ABC News 4. YouTube Video Florence County Deputy Losing His Job Speaks Out First Amendment Auditor Roberts said some footage was deleted while his camera was in police custody, though he recovered it.3WPDE. YouTube Video Florence County Deputy Losing His Job Speaks Out First Amendment Auditor It was during this encounter that he told the deputy, “Enjoy the lawsuit. Enjoy paying for my camera too.”1WBTW. Florence County Deputy No Longer Employed After Recorded Incident Uploaded to YouTube
What happened next was administrative, not civil. An internal affairs investigation reviewed body-worn camera footage and deputy interviews and found “numerous FCSO Policy violations.”2ABC News 4. YouTube Video Florence County Deputy Losing His Job Speaks Out First Amendment Auditor Morrison, a 16-year law enforcement veteran who had been with the agency since 2014, resigned on September 15, 2022. His name later appeared on a Brady list entry associated with the Florence County Sheriff’s Office.4Giglio-Brady List. Florence County Sheriff’s Office Brady List Entry The matter was referred to the 12th Circuit Solicitor’s Office; South Carolina Criminal Justice Academy records showed a pending criminal investigation but no pending criminal charges.
Roberts and his attorney met with the sheriff’s office, which shared its video and began internal training on First Amendment rights. Roberts publicly praised the agency’s transparency.3WPDE. YouTube Video Florence County Deputy Losing His Job Speaks Out First Amendment Auditor That cooperative posture may explain why the promised suit did not materialize, though Roberts has not publicly closed the door on one.
The Sumter County Courthouse Case Ended Without Charges
The other incident driving speculation happened on February 24, 2021, at the old Sumter County Courthouse. Joe Perry, the county’s communications coordinator, confronted Roberts and a fellow auditor, followed them for several blocks, and called 911 five times.5QC News. County Official Investigated After Confronting Cameramen Who Looked Like Insurrectionists Video showed Perry making physical contact with Roberts’ chest. Perry later told investigators he thought the men resembled January 6 insurrectionists, citing Roberts’ bulletproof vest. The county’s own facilities manager confirmed the building was open to the public and recording was allowed.
Roberts filed a criminal complaint, not a civil suit. On May 3, 2022, Third Judicial Circuit Solicitor Ernest “Chip” Finney declined to prosecute, citing “no substantial evidence” of assault: Roberts was not injured, Perry appeared to lack intent, and Roberts had “chided and demeaned” Perry and followed him for a considerable distance calling him names.5QC News. County Official Investigated After Confronting Cameramen Who Looked Like Insurrectionists Roberts called the handling a cover for a county employee. No civil action against Perry, the city, or the county has been reported.
Why a Civil Case Is a Steep Climb in South Carolina
Any suit Roberts might bring would likely proceed under 42 U.S.C. § 1983 for First and Fourth Amendment violations, and the Fourth Circuit, which covers South Carolina, has not recognized a clearly established right to record police.6Columbia Human Rights Law Review. Codifying the Right to Record Police Eight other federal circuits have, and the U.S. Supreme Court has not ruled on a general right to film public officials or inside public buildings.
That gap matters because qualified immunity shields officers unless the right they violated was “clearly established” in their jurisdiction at the time. Courts also allow “reasonable time, place, and manner restrictions” on recording without spelling out where those limits sit. For a South Carolina auditor, that combination makes a § 1983 case harder to win than in circuits where the right to record is settled, and it is a plausible reason no Pepperoni Audits lawsuit has been filed despite two incidents that produced serious consequences for the officials involved.