October 8, 2025

ACLU Challenges Book Banning Regulations in South Carolina

Q: What does Regulation 43-170 prohibit?

Regulation 43-170 bans K-12 materials depicting 'sexual conduct.'

Columbia, South Carolina, October 8, 2025

News Summary

The ACLU of South Carolina has filed a lawsuit against State Superintendent Ellen Weaver, claiming new book banning regulations are unconstitutional. Representing the South Carolina Association of School Librarians and three public high school students, the lawsuit challenges Regulation 43-170, which has resulted in numerous bans on books deemed to depict ‘sexual conduct’. This action raises significant First and Fourteenth Amendment concerns regarding censorship in education and aims to protect students’ access to diverse literature.

Columbia, South Carolina – The ACLU of South Carolina has initiated a lawsuit against State Superintendent Ellen Weaver, claiming that the state’s new regulations on book banning are unconstitutional and constitute censorship in schools. The lawsuit, filed on behalf of the South Carolina Association of School Librarians and three public high school students, challenges Regulation 43-170, which prohibits K-12 materials depicting “sexual conduct.” This regulation has led to South Carolina obtaining the highest number of banned books nationwide, with at least 22 titles facing restriction or removal.

The lawsuit also disputes a memorandum issued by Weaver in March 2025 that targets the exclusion of 14 educational concepts from school curricula, including “implicit bias,” “restorative justice,” and “social-emotional learning.” The ACLU asserts that these actions infringe on students’ First and Fourteenth Amendment rights.

Some school districts, including Berkeley and Beaufort counties, have reportedly taken steps to implement the regulations, although the Berkeley County School District has declared it is not involved in the lawsuit and declined to comment. The Beaufort County School District did not provide a response. A spokesperson for the South Carolina Department of Education has stated that they will defend their policies in court.

According to Sam Kennedy, an ACLU Staff Attorney, the regulations create fear among librarians who risk losing their licenses for any violations. This apprehension has resulted in librarians preemptively removing books from library collections, thereby diminishing students’ access to vital literature. Tenley Middleton, president of the South Carolina Association of School Librarians, echoed concerns regarding censorship, emphasizing the necessity of intellectual freedom for K-12 students.

Titles banned due to mentions of sexual content include All Boys Aren’t Blue, Flamer, and Normal People. The ACLU contends that the vague nature of Regulation 43-170 has resulted in inconsistent enforcement among schools, negatively impacting students’ access to information and limiting their ability to engage critically with diverse perspectives.

The lawsuit seeks to prohibit the enforcement of Regulation 43-170 and the controversial memorandum from Superintendent Weaver. Its filing coincided with Banned Books Week, an annual event highlighting issues related to censorship across America. The students involved in the lawsuit have expressed a desire to create a more welcoming school environment for all students, underscoring the importance of maintaining a diverse array of educational materials and viewpoints.

Key Details of the Lawsuit

Filed by: ACLU of South Carolina
Defendant: State Superintendent Ellen Weaver
Regulation Challenged: Regulation 43-170
Number of Banned Books: 22 books, highest in the nation
Groups Represented: South Carolina Association of School Librarians; Three public high school students
Allegations: Unconstitutional censorship and violation of First and Fourteenth Amendment rights
Enforcement Impact: Confusion and fear among librarians; Preemptive book removals
Education Concepts Targeted: Excluding “implicit bias”, “restorative justice”, “social-emotional learning”
Current Status: ACLU seeking court declaration of unconstitutionality for the regulation and memo
Filing Context: During Banned Books Week

Banned Titles Overview

All Boys Aren’t Blue
Flamer
Normal People

Reactions to the Lawsuit

Berkeley County School District: Not involved, no comment
Beaufort County School District: Did not respond to requests for comment
South Carolina Department of Education: Plans to defend policies in court
Concerns raised from former Charleston County School District parent about ACLU’s previous responses during COVID-19 pandemic

Impact on Students

The ACLU claims that the enforcement of Regulation 43-170 and the accompanying memo has significantly harmed students’ exposure to diverse and critical viewpoints, thereby restricting their educational experiences.

Conclusion

The lawsuit underscores an ongoing debate in many parts of the country regarding censorship in education and the rights of students and librarians in accessing diverse literature. The ACLU’s actions aim to strike down regulations that they claim violate constitutional rights and stifle intellectual freedom in South Carolina’s educational system.

FAQ

What is the main objective of the ACLU’s lawsuit?

The ACLU of South Carolina has filed a lawsuit against State Superintendent Ellen Weaver to challenge unconstitutional book-banning regulations and censorship in South Carolina schools.

What does Regulation 43-170 prohibit?

Regulation 43-170 bans K-12 materials depicting “sexual conduct.”

How many books have been banned in South Carolina under these regulations?

Regulation 43-170 has resulted in the banning or restriction of 22 books, making South Carolina the state with the highest number of banned books.

Who is represented in the lawsuit?

The lawsuit is filed on behalf of the South Carolina Association of School Librarians and three public high school students.

What are some of the educational concepts targeted by the March 2025 memo?

The memo targets the removal of 14 educational concepts, including “implicit bias,” “restorative justice,” and “social-emotional learning.”

What consequences have been reported due to the enforcement of Regulation 43-170?

The ACLU claims confusion and fear due to Regulation 43-170 has led to librarians preemptively removing books from library collections, negatively impacting students’ access to information and limiting critical thinking.

Deeper Dive: News & Info About This Topic

HERE Resources

Charleston Students Lead Fight Against Book Bans
DAYLO Advocates for Literacy and Against Book Bans in South Carolina
South Carolina Leads Nation in Book Bans
Beaufort Becomes Leader in US Book Bans
Beaufort County Board Discusses Challenge of Library Books
Beaufort Community Meeting Addresses Challenged Books
Beaufort County to Discuss Challenges on Library Books
Beaufort County School District to Discuss Book Censorship Controversy
Controversial Policy Revisions at Beaufort County School Board Meeting
Controversy Over Book Bans in Beaufort, South Carolina

Additional Resources

Author: STAFF HERE BEAUFORT

The HERE Beaufort Staff Writers are a collaborative team of journalists, editors, and local contributors passionate about delivering accurate, timely information to the Beaufort community. As part of the HEREcity.com Network, which powers over 100 U.S. city sites including HEREcolumbia.com, our staff draws on collective experience in South Carolina journalism to cover everything from business sales and real estate developments to dining deals and community initiatives. Our Expertise and Background: Local Roots in Beaufort : Our team includes lifelong Beaufort residents and SC natives with deep knowledge of the area’s history, economy, and culture. We’ve covered key events like the recent sale of the historic Crofts Block Building, Beaufort’s equestrian heritage, and growth in local tech and education sectors (e.g., BeaufortTechnical College programs). Collective Experience: With over 50 combined years in journalism, our staff has backgrounds in print, digital media, and community reporting. We prioritize fact-based stories, drawing from sources like the Beaufort Chamber of Commerce, city government records, and on-the-ground interviews. Commitment to Quality: Every article is a group effort, involving research, editing, and verification to ensure reliability. We adhere to journalistic standards, citing credible sources and updating content as new details emerge.

STAFF HERE BEAUFORT

The HERE Beaufort Staff Writers are a collaborative team of journalists, editors, and local contributors passionate about delivering accurate, timely information to the Beaufort community. As part of the HEREcity.com Network, which powers over 100 U.S. city sites including HEREcolumbia.com, our staff draws on collective experience in South Carolina journalism to cover everything from business sales and real estate developments to dining deals and community initiatives. Our Expertise and Background: Local Roots in Beaufort : Our team includes lifelong Beaufort residents and SC natives with deep knowledge of the area’s history, economy, and culture. We’ve covered key events like the recent sale of the historic Crofts Block Building, Beaufort’s equestrian heritage, and growth in local tech and education sectors (e.g., BeaufortTechnical College programs). Collective Experience: With over 50 combined years in journalism, our staff has backgrounds in print, digital media, and community reporting. We prioritize fact-based stories, drawing from sources like the Beaufort Chamber of Commerce, city government records, and on-the-ground interviews. Commitment to Quality: Every article is a group effort, involving research, editing, and verification to ensure reliability. We adhere to journalistic standards, citing credible sources and updating content as new details emerge.

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