October 10, 2025

ACLU Sues South Carolina Over Book-Banning Regulations

News Summary

The ACLU of South Carolina has filed a lawsuit against State Superintendent Ellen Weaver, challenging school book-banning regulations that it argues violate constitutional rights.

Columbia, South Carolina – The ACLU of South Carolina has initiated a lawsuit against State Superintendent Ellen Weaver, citing violations of constitutional rights related to book-banning regulations in the state’s schools. The legal action claims that these regulations impose unconstitutional censorship and restrict students’ access to educational materials.

Central to the lawsuit is Regulation 43-170, which requires all K-12 school materials containing any descriptions or depictions of “sexual conduct” to be banned. This regulation has resulted in the removal or restriction of 22 books, prompting South Carolina to become the leading state for banned and restricted books nationwide. The ACLU’s lawsuit seeks to challenge not only this regulation but also a memorandum issued by Weaver on March 14, 2025. This memorandum aims to eliminate 14 concepts from educational materials, including critical topics such as “implicit bias,” “restorative justice,” and “social-emotional learning.”

The ACLU is representing the South Carolina Association of School Librarians alongside three students from public high schools in the state. These students include a 17-year-old from Charleston County School District and two siblings, ages 16 and 14, from the Greenville County School District. The lawsuit claims that these measures stifle educational freedom in Berkeley County School District and Beaufort County School District as well.

The core argument of the ACLU is that the regulations violate students’ First and Fourteenth Amendment rights. An ACLU staff attorney has expressed concern that banning books that address sexual content deprives students of access to significant literature and fosters a culture of fear among librarians, who may risk their careers by defying the regulations. The lawsuit points out specific titles that have been banned, including notable works like “All Boys Aren’t Blue,” “Flamer,” and “Normal People.”

The ACLU argues that the vague wording of the regulations leads to confusion among school employees, resulting in widespread book removals. One of the students, Dylan Rhyne from Charleston, articulated concerns about the anxiety and uncertainty that the regulations have caused within schools. Additionally, Tenley Middleton, president of the South Carolina Association of School Librarians, highlighted that censorship restricts students’ engagement with diverse viewpoints and hampers critical thinking skills.

In reaction to the lawsuit, the South Carolina Department of Education has reaffirmed its intention to defend the book-banning policies, labeling them as commonsense and legally sound. Berkeley County School District has disclosed that it is not involved in the lawsuit and has reserved comment, while Beaufort County School District did not respond for comment by the time of publication. ACLU representatives characterize the book-banning trend as establishing a “statewide censorship regime,” with efforts focused on blocking the enforcement of both the regulation and the memorandum issued by Weaver.

Background context reveals that the concerns stemming from these regulations align with broader national discussions on educational content and censorship. The memorandum issued by Weaver was designed to align educational materials with state laws and policies enacted by previous administrations regarding race and gender. As the cases move forward, stakeholders from various educational and civil rights organizations continue to monitor the implications of these policies on student learning and access to information.