South Carolina public school librarians and students have filed a federal lawsuit seeking to block the enforcement of a state regulation on book content and a separate memorandum on classroom topics issued by State Superintendent of Education Ellen Weaver.
The lawsuit, filed by the American Civil Liberties Union of South Carolina (ACLU-SC) on Tuesday, challenges the constitutionality of Regulation 43-170 and a subsequent memo, arguing they violate the First and Fourteenth Amendments.
The plaintiffs include the South Carolina Association of School Librarians and three minor public school students.
Challenging the Statewide Book Ban
The core of the legal challenge targets Regulation 43-170, a rule that took effect in June 2024. This regulation mandates the removal of any materials from K-12 public schools that contain descriptions or depictions of “sexual conduct.”
According to national advocacy group PEN America, this regulation has led to the banning or restriction of 22 books statewide, giving South Carolina the largest number of state-mandated school book bans in the nation.
Opponents of the regulation argue that its vague language makes it difficult for educators to apply consistently and that it fails to consider the educational, literary, or artistic value of a book. They assert that the rule has created a climate of fear, leading many librarians to preemptively remove titles they worry could be challenged.
The ACLU-SC points out that the regulation does not use the legal standard for obscenity, resulting in an overly broad application that fails to differentiate between age groups and educational context. Students are losing access to award-winning literature and materials often used for Advanced Placement courses.
The Classroom Censorship Memo
The lawsuit also challenges a memorandum issued by Superintendent Weaver on March 14, 2025. This memo is described in the suit as a requirement for state employees to indoctrinate students according to the superintendent’s personal views on sex, gender, race, and American exceptionalism.
The memo prohibits 14 specific concepts and ideas from being used in South Carolina Department of Education materials, including terms like “implicit bias,” “restorative justice,” and “cisgender.” The lawsuit argues this memo imposes unconstitutional classroom censorship.
The South Carolina Association of School Librarians stated that its leadership has repeatedly tried to engage with the Department of Education regarding Regulation 43-170 without success. They have joined the lawsuit to denounce censorship and champion intellectual freedom for students across the state.
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