Columbia, SC, October 10, 2025
News Summary
The ACLU of South Carolina has filed a lawsuit against State Superintendent Ellen Weaver, challenging what it calls unconstitutional book-banning regulations in schools. The suit targets Regulation 43-170, which restricts K-12 educational materials that depict ‘sexual conduct’ and has led to the banning or limitation of 22 books statewide. The lawsuit emphasizes students’ First and Fourteenth Amendment rights and aims to protect access to diverse literature amidst rising censorship trends. The ACLU argues for the importance of varied reading materials in fostering critical thought.
Columbia, SC – The American Civil Liberties Union of South Carolina (ACLU-SC) has initiated a lawsuit against State Superintendent Ellen Weaver, challenging what it describes as unconstitutional book-banning regulations and censorship occurring within South Carolina schools. The lawsuit specifically targets Regulation 43-170, which prohibits K-12 educational materials that feature descriptions or depictions of “sexual conduct.”
This regulation has resulted in the banning or limitation of 22 books across the state, positioning South Carolina as a leader in the nationwide trend of banned and restricted books. The ACLU’s lawsuit also contests a memo issued by Weaver in March 2025, which calls for the removal of 14 ideas and concepts from educational resources. Among these concepts are “implicit bias,” “restorative justice,” and “social-emotional learning.”
Filed on behalf of the South Carolina Association of School Librarians and three public high school students, the lawsuit contends that both the regulation and the memo infringe upon students’ First and Fourteenth Amendment rights. Notable instances of censorship have already been reported in districts including Berkeley County and Beaufort County. While Berkeley County School District has declined to comment as they are not a party to the lawsuit, Beaufort County School District has not provided a timely response.
A spokesperson from the South Carolina Department of Education articulated that the agency intends to vigorously defend these regulations, deeming them commonsense policies aimed at protecting students. However, ACLU staff attorney Sam Kennedy has asserted that the regulation not only restricts access to valuable literary works but also instills a sense of apprehension among librarians who face potential license revocation for non-compliance.
Opposition to the ACLU’s lawsuit has emerged from some citizens, including former Charleston County School District parent Jessica Zeigler, who has questioned the organization’s historical commitment to civil liberties in similar circumstances. Nonetheless, Kennedy emphasized the necessity of diverse reading materials in educational settings and criticized the regulation’s expansive nature, which permits a single parent’s complaints to trigger widespread bans.
The lawsuit coincides with the celebration of Banned Books Week, an event advocating for free and open access to information. Recently, the South Carolina Board of Education banned ten titles that cover crucial issues such as sexual violence and mental health. Reports from PEN America indicate that this regulation has led to an increase in challenges and bans disproportionately impacting works authored by women and LGBTQ+ writers. The ambiguity of the regulation has led some educators to eliminate classroom libraries altogether in an effort to mitigate risk.
The ACLU’s lawsuit seeks a ruling declaring both the contentious regulation and the related memo unconstitutional, emphasizing the protection of students’ rights to receive a comprehensive education devoid of undue censorship.
Background on Book Banning in South Carolina
Over recent years, regulations around educational material have tightened in South Carolina, culminating in notable restrictions on books. The ACLU has raised concerns as South Carolina has increasingly become a focal point for book bans in the U.S., affecting a diverse array of literature.
The growing issue of censorship reflects broader national trends, with school districts across the country grappling with pressure to regulate educational content. Advocacy groups, including the ACLU, argue that students’ access to a variety of thought-provoking narratives is crucial for their education and understanding of complex societal issues.
Conclusion
As the ACLU-SC lawsuit proceeds, it brings to light important discussions about censorship, students’ rights, and the role of educational institutions in fostering critical thought and diversity of perspective.
FAQ
What is the ACLU of South Carolina suing for?
The ACLU of South Carolina has filed a lawsuit against State Superintendent Ellen Weaver over unconstitutional book-banning regulations and school censorship in South Carolina.
What does Regulation 43-170 prohibit?
Regulation 43-170 bans K-12 materials that contain descriptions or depictions of “sexual conduct.”
How many books have been banned in South Carolina as a result?
The enforcement of Regulation 43-170 has led to the banning or restriction of 22 books across the state.
What concepts are called for removal in the March 2025 memo?
The March 2025 memo calls for the elimination of 14 ideas and concepts from educational materials, including “implicit bias,” “restorative justice,” and “social-emotional learning.”
Who is the lawsuit filed on behalf of?
The ACLU filed the lawsuit on behalf of the South Carolina Association of School Librarians and three public high school students.
Which school districts are mentioned in the lawsuit?
Instances of censorship have been reported in the Berkeley County School District and the Beaufort County School District.
What has the South Carolina Department of Education stated?
A spokesperson for the South Carolina Department of Education stated they will vigorously defend these policies, which they describe as commonsense.
What are the broader implications of the lawsuit?
The lawsuit aims to declare both the regulation and the memo unconstitutional and highlights the ongoing tension between censorship and students’ access to diverse literature.
Deeper Dive: News & Info About This Topic
HERE Resources
Beaufort Hosts Community Reading Event Against Book Bans
ACLU Challenges Book Banning Regulations in South Carolina
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
Additional Resources
- Charleston City Paper: Activists File Book Ban Lawsuit
- ABC News 4: SC Now Leads Nation in State-Mandated Book Bans
- Post and Courier: SC Book Bans and State Board Perks
- Live 5 News: State Book Ban Policies Approved
- Washington Post: Parks and Gift Shops with Banned Books
- Wikipedia: Book Banning
- Google Search: Book Banning Laws
- Google Scholar: Book Banning in Schools
- Encyclopedia Britannica: Book Banning
- Google News: Book Bans South Carolina
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.
