News Summary
The ACLU challenges South Carolina’s book restriction laws in a federal lawsuit, seeking to protect students’ rights to diverse literature in schools.
Columbia, South Carolina – The American Civil Liberties Union (ACLU) has filed a federal lawsuit against the South Carolina Department of Education (SCDE) and the Greenville County School District, challenging the state’s recent regulations restricting books in schools. Announced on Tuesday, the lawsuit aims to contest Regulation 43-170, which prohibits all K-12 public schools from including books with “descriptions or depictions of sexual conduct.” The regulation came into effect in June 2024 and has already led to 22 books being banned or restricted across the state.
Among the notable titles that have been banned are “The Perks of Being a Wallflower” by Stephen Chbosky, “All Boys Aren’t Blue” by George M. Johnson, “Half of a Yellow Sun” by Chimamanda Ngozi Adichie, “Damsel” by Elana Arnold, “Flamer” by Mike Curato, and “Normal People” by Sally Rooney. The ACLU is representing the South Carolina Association of School Librarians and three minor public school students in the lawsuit.
The lawsuit identifies three students involved: a 17-year-old from Charleston County School District and two siblings aged 16 and 14 from the Greenville County School District, along with their parents. The ACLU seeks to block both the enforcement of Regulation 43-170 and a related memorandum issued by SCDE Superintendent Ellen Weaver on March 14, 2025. This memorandum aims to prohibit “discriminatory equity ideology” and bans teaching certain concepts, such as diversity, equity and inclusion, critical race theory, and social justice.
Critics of Regulation 43-170 argue that the regulation is vaguely worded and fails to account for the educational or literary value of the books being banned. The ACLU claims that these restrictions violate the First and 14th Amendments, which safeguard freedom of speech and due process. The lawsuit cites Supreme Court cases, including Island Trees School District v. Pico and West Virginia Board of Education v. Barnette, to support its assertions regarding constitutional rights.
Tenley Middleton, President of the South Carolina Association of School Librarians, has expressed concerns that such censorship limits students’ opportunities to think critically and engage with a variety of perspectives. The lawsuit echoes these sentiments, emphasizing that K-12 students deserve the intellectual freedom to explore different ideas and develop their critical thinking skills.
The SCDE is committed to defending the new regulations and policies, stating they are intended to establish clear standards for South Carolina’s public schools. Meanwhile, the Greenville County School District has indicated it has just learned about the lawsuit and has not yet had the opportunity to review its details.
One of the named plaintiffs, Dylan Rhyne, a student from Charleston, expressed hope that the lawsuit will lead to restoring a safe and welcoming environment in schools. The ACLU asserts that the implementation of such regulations undermines students’ educational experiences and their ability to learn in an open and inclusive atmosphere.
The ongoing legal battle highlights a broader nationwide debate regarding educational policies surrounding the teaching of controversial subjects, and the implications of book bans in classrooms. As the case progresses, the ACLU and its supporters are advocating for the protection of students’ rights and access to diverse literature. The outcome of this lawsuit could have lasting implications for educational freedom and the evolving landscape of book accessibility in public schools across the state.
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Additional Resources
- WIS News
- Greenville Online
- WBTW News
- Book Riot
- Live 5 News
- Wikipedia: Book Banning
- Google Search: SC Book Ban Lawsuit
- Google Scholar: First Amendment School Censorship
- Encyclopedia Britannica: Censorship
- Google News: SC Education Book Ban
Author: STAFF HERE GREENVILLE
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