South Carolina Students, Librarians Sue State Over New Book Bans

COLUMBIA, S.C. — South Carolina students and school librarians have filed a federal lawsuit against the state’s education superintendent, alleging that new censorship rules have led to sweeping book bans and stifled classroom discussion.

Lawsuit Targets Education Regulation

The American Civil Liberties Union of South Carolina filed the suit in U.S. District Court on behalf of the South Carolina Association of School Librarians and three students from Charleston and Greenville counties. The complaint challenges Regulation 43-170, which prohibits any classroom or library materials containing descriptions or depictions of “sexual conduct.”

It also targets a March 2025 memorandum issued by Superintendent Ellen Weaver that restricts the discussion of topics such as gender identity, race, and social justice.

Alleged Constitutional Violations

The plaintiffs argue that the rules violate the First and Fourteenth Amendments by removing award-winning books, limiting access to research tools, and pushing teachers and librarians to censor themselves out of fear of punishment.

“Censorship in schools limits students’ ability to think critically and engage with diverse perspectives,” said Tenley Middleton, president of the South Carolina Association of School Librarians.

According to the ACLU, the policy has led to the banning or restriction of 22 books statewide, including The Perks of Being a Wallflower, All Boys Aren’t Blue, The Bluest Eye, and The Kite Runner.

Broader Impact on Learning

Some school districts have gone beyond the regulation’s requirements, blocking access to online resources such as Discus, a state-funded research database, and restricting use of digital library apps like Sora.

The suit also challenges Weaver’s classroom directive, which plaintiffs say forces educators to avoid “banned” concepts such as implicit bias, restorative justice, and social-emotional learning, while promoting a single viewpoint on race and gender.

Legal Basis

The complaint cites Supreme Court precedents, including Island Trees School District v. Pico and West Virginia v. Barnette. The filing argues that the new rules attempt to “prescribe what shall be orthodox in politics, nationalism, or religion,” in violation of long-standing constitutional protections.

Relief Sought

The plaintiffs are asking the federal court to issue an injunction blocking enforcement of both the regulation and Weaver’s memo statewide.

“We owe it to South Carolina students to make sure their right to learn and to think freely is protected,” said ACLU staff attorney Sam Kennedy.

If granted, the injunction would halt enforcement of the rules while the case proceeds, potentially reopening access to the removed books and digital tools.

The case marks the latest in a series of legal challenges nationwide over book bans and classroom restrictions tied to race, gender, and sexuality in public education.