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SC students, librarians sue state superintendent over banning of books in public schools

The lawsuit claims Regulation 43-170 and a superintendent's memo have led to the largest state-mandated school book bans, restricting 22 books and violating constitutional rights.

  • On Oct. 7, the ACLU SC filed suit 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 students, seeking to block enforcement of Regulation 43 and Weaver's March 14, 2025 memo.
  • Earlier this year, Superintendent Ellen Weaver issued a memorandum on March 14, 2025 that directed staff to align materials with her views and prohibited 14 concepts from department materials.
  • The State Board has required removal of 21 books from classrooms since June 2024, while Berkeley County blocked Discus access and Beaufort County now requires parental permission for nine books.
  • The lawsuit says the policies violate students' First and Fourteenth Amendments, creating a 'climate of fear' that leads librarians to preemptively remove books, with Dylan Rhyne stating, 'I hope that by taking action now, we can restore the safe and welcoming school environment I once knew.'
  • Advocates say the rule has produced the nation's largest state-mandated book ban tally, while the lawsuit argues Regulation 43-170 omits the Miller v. California obscenity test and removing Half of a Yellow Sun by Chimamanda Ngozi Adichie could harm access to Advanced Placement exam materials.
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WACH broke the news in on Tuesday, October 7, 2025.
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