The American Civil Liberties Union of South Carolina along with a coalition of public school librarians and students has filed a federal lawsuit seeking to block enforcement of a recently enacted book banning regulation.
Specifically, the lawsuit challenges the constitutionality of Regulation 43-170, which seeks to ban all materials in K-12 public schools if they contain "descriptions or depictions" of “sexual conduct.” The regulation, put forth by state Superintendent Ellen Weaver and which took effect in June 2024, has reportedly led to the banning or restriction of 22 books statewide.
The lawsuit also challenges a March 14 memorandum issued by Weaver that, according to ACLU reps, prohibits "14 ideas and concepts from South Carolina Department of Education materials," including “implicit bias,” “restorative justice,” “cisgender,” and “social-emotional learning,” although it notes that its list of “taboo concepts” is not exhaustive.
“By using her authority over South Carolina public-school curricula to ‘prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion,’ Defendant Weaver is violating students’ First Amendment right to receive information,” the complaint states. “And because the Censorship Memo warns librarians, teachers, and other SCDE personnel to avoid a ‘not exhaustive’ list of vague and undefined concepts, it violates the Fourteenth Amendment due process rights of members of Plaintiff South Carolina Association of School Librarians (SCASL). Without injunctive relief, Student Plaintiffs and SCASL members face imminent and irreparable harm to their First and Fourteenth Amendment rights.”
In addition to the 22 books removed or restricted, ACLU reps say Regulation 43-170 has “sown chaos and confusion among school employees,” prompting “a culture of fear among school librarians,” and causing some to “preemptively” remove books that might be challenged, and in some cases to stop buying certain books in the first place.
“Censorship in schools limits students' ability to think critically and engage with diverse perspectives. K-12 students deserve intellectual freedom that empowers them to explore ideas, question assumptions, and develop critical thinking skills," said Tenley Middleton, President of the South Carolina Association of School Librarians, in a statement. "We stand with the ACLU of South Carolina in denouncing censorship and championing intellectual freedom."
