News Summary
The SCASL and three students are challenging a regulation that restricts educational materials in South Carolina, arguing it infringes on students’ rights.
Columbia, South Carolina – The South Carolina Association of School Librarians (SCASL) and three students have initiated a lawsuit against South Carolina Superintendent of Education Ellen Weaver and the Greenville County School District. Filed on October 7, the lawsuit challenges Regulation 43-170, a law that prohibits all classroom, library, and curricular materials containing “descriptions or visual depictions of sexual conduct,” regardless of their educational value. The plaintiffs assert that this regulation infringes on students’ First and Fourteenth Amendment rights by limiting their access to ideas and educational materials.
The lawsuit not only targets the regulation but also contests a memo issued by Weaver in March 2025, which calls for the cessation of certain educational concepts such as “implicit bias” and “restorative justice.” South Carolina has emerged as a leading state for book bans, with 22 titles removed from public schools since the introduction of this regulation. The banned books include notable titles such as “All Boys Aren’t Blue” by George M. Johnson, “Flamer” by Mike Curato, and “Normal People” by Sally Rooney.
Libraians across the state have expressed significant concern regarding the implications of the regulation. Many fear losing their licenses or facing retaliation for any perceived non-compliance. Reports have surfaced indicating that SCASL members have experienced both public and private harassment, prompting various school districts to proactively remove books or halt the acquisition of new titles due to the ambiguous nature of the regulation.
The American Civil Liberties Union (ACLU) of South Carolina has joined the lawsuit on behalf of SCASL and the three unnamed students, who are identified only by their initials, including a 17-year-old from Charleston County. The ACLU argues that the vague language of the regulation leads to inconsistent applications and contributes to a “climate of fear” among librarians and educators. It emphasizes that this lack of clear guidance fuels confusion regarding which materials are acceptable for educational use.
According to legal representatives from the ACLU, denying access to literature negatively impacts students and stifles the freedom to read. The South Carolina Department of Education (SCDE) has responded by stating that they intend to defend the regulation vigorously, asserting its necessity as a policy for public schools.
While the majority of the community grapples with the implications of the regulation, some parents have voiced concerns over the ACLU’s involvement in the lawsuit, raising doubts about the organization’s commitment to civil liberties in previous cases. The plaintiffs in this case aim to have both the regulation and the associated memorandum declared unconstitutional and seek to prevent their enforcement.
The lawsuit underscores the importance of critical thinking and engagement with diverse ideas in K-12 education, as highlighted by SCASL President Tenley Middleton. The ongoing legal process may have far-reaching implications for educational practices and students’ access to a wide array of literature in South Carolina, as the state navigates a pivotal moment in the discussion around educational censorship and constitutional rights.
As it stands, public opinion appears divided on the matter, with ongoing discussions about the balance between protecting children and safeguarding free access to information within educational settings.
Deeper Dive: News & Info About This Topic
HERE Resources
ACLU Sues South Carolina Over Book-Banning Regulations
ACLU Sues Over Book Bans in South Carolina Schools
ACLU Sues South Carolina Over Book-Banning Regulation
ACLU Challenges School Book Ban Regulations in South Carolina
ACLU Challenges South Carolina’s Book Censorship Regulations
ACLU Files Lawsuit Against South Carolina Education Regulations
Harvard University Opposes Trump Administration Policies
Minors and Parents Challenge Book Restrictions in Greenville County
South Carolina Committee Recommends Removal of Seven Books from Schools
South Carolina Committee Reviews School Book Regulations
Additional Resources
- School Library Journal: South Carolina School Librarians Sue State Superintendent
- Google Search: South Carolina School Librarians lawsuit
- Live 5 News: ACLU Files Suit Against SC Superintendent
- Encyclopedia Britannica: Book Banning
- ABC News 4: South Carolina Faces a Lawsuit Over Book Bans
- Google Scholar: Educational Censorship
- Book Riot: ACLU SC Lawsuit
- Google News: South Carolina Book Bans
Author: STAFF HERE GREENVILLE
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