The lawsuit targets Regulation 43-170, which bans materials depicting sexual conduct in public schools from kindergarten through 12th grade, and a memo from Superintendent Ellen Weaver that restricts certain educational concepts.
The American Civil Liberties Union of South Carolina filed the lawsuit in the U.S. District Court for the District of South Carolina on behalf of the South Carolina Association of School Librarians and three minor public school students.
Regulation 43-170, promoted by Weaver, took effect in June 2024 and has resulted in the banning or restriction of 22 books statewide, according to PEN America.
The memo issued by Superintendent Weaver on March 14 prohibits 14 ideas and concepts from being included in South Carolina Department of Education materials, such as ‘implicit bias’ and ‘social-emotional learning.’
The lawsuit argues that the superintendent’s actions violate the First and Fourteenth Amendments to the U.S. Constitution.
7NEWS reached out to the SC Department of Education for a response to the lawsuit, but has not received a statement at this time.
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