News Summary
The ACLU of South Carolina has filed a lawsuit against the state’s education policies, targeting book banning practices that undermine students’ rights.
Columbia, South Carolina — The American Civil Liberties Union of South Carolina (ACLU SC) has initiated a lawsuit against State Superintendent of Education Ellen Weaver, aiming to contest school book banning practices. The lawsuit, submitted on October 7, 2025, to the U.S. District Court of South Carolina, represents the South Carolina Association of School Librarians and three public school students. The immediate goal is to hinder the enforcement of Regulation 43-170, which prohibits the inclusion of books featuring “sexual conduct” within school libraries.
The lawsuit is brought forth on behalf of three student plaintiffs: D.R., a 17-year-old from Charleston County, along with two siblings aged 16 and 14 from Greenville County. The students’ parents, Leah Moore and Charles Rhyne, as well as Susan and Jed Cridland-Hughes, support the legal action. Regulation 43-170, which came into effect in June 2024, has sparked significant controversy, with the plaintiffs and the ACLU asserting that it violates students’ First and Fourteenth Amendment rights.
In addition to challenging Regulation 43-170, the lawsuit also questions a memorandum issued by Ellen Weaver on March 14, 2025. This memorandum suppresses the availability of books addressing topics such as restorative justice and implicit bias. The ACLU’s stance is that the combination of the regulation and the memorandum has fostered an environment of fear among librarians and educators, compelling them to preemptively remove certain books to avoid potential repercussions.
According to the ACLU, the book bans have led to the exclusion of acclaimed titles like “All Boys Aren’t Blue” by George M. Johnson, “Flamer” by Mike Curato, and “Normal People” by Sally Rooney from school libraries. The plaintiffs argue that such censorship restricts students’ access to diverse perspectives and hampers their ability to engage in critical thought.
The ACLU SC highlighted that South Carolina is becoming a national leader in school book bans, having restricted 22 titles due to sexual content alone. ACLU staff attorney Sam Kennedy noted that the vague language within Regulation 43-170 contributes to confusion among educators. This environment has resulted in inconsistent implementation across various school districts, with some banning numerous books while others continue to allow them. Certain educators have opted to eliminate individual classroom libraries altogether to sidestep complications with compliance.
The ACLU’s legal action seeks a declaration from the court asserting that both Regulation 43-170 and Weaver’s memorandum are unconstitutional. The organization emphasizes the necessity of intellectual freedom in education and advocates for the right to access a wide range of literature, reflective of varied life experiences and viewpoints.
A Charleston student, identified as D.R., hopes to restore a safe school environment through this lawsuit. The Charleston student’s concerns echo those of many educators and librarians, who face difficulties maintaining classroom libraries which embody diverse educational materials, underscoring the challenges wrought by the current regulation.
In response to the lawsuit, a spokesperson for the South Carolina Department of Education (SCDE) asserted that they intend to vigorously defend the policies being challenged. Some commentators have raised concerns regarding the ACLU’s previous engagement with civil liberties issues within South Carolina schools, wondering about their responsiveness in past instances of censorship and educational freedom.
This legal challenge reflects larger conversations regarding book censorship in schools nationwide, as educational institutions grapple with the balance between offering diverse materials and addressing concerns from various stakeholders within their communities. The repercussions of this suit may significantly impact the landscape of educational resources in South Carolina schools and beyond.
Deeper Dive: News & Info About This Topic
HERE Resources
ACLU Challenges South Carolina’s Book Censorship Regulations
ACLU Files Lawsuit Against South Carolina Education Regulations
Greenville County Schools End Book Fairs Amid New Regulations
South Carolina Committee Reviews School Book Regulations
Additional Resources
- Greenville Online
- Wikipedia: Book Banning
- WSAV
- Google Search: Book Ban Lawsuit South Carolina
- Live 5 News
- Google Scholar: Book Censorship South Carolina
- WSPA
- Encyclopedia Britannica: Censorship
- Charleston City Paper
- Google News: South Carolina Book Ban
Author: STAFF HERE GREENVILLE
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