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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, seeking to block enforcement of Regulation 43 and Weaver's March 14, 2025 memorandum.
  • Earlier this year, Superintendent Ellen Weaver issued a March 14, 2025 memorandum that directs staff to align materials with her views and cites Regulation 43-170, which bars K–12 materials depicting 'sexual conduct' per Section 16-15-305.
  • The State Board has required removal of 21 books from classrooms since June 2024, while Berkeley County School District blocked Discus access and Beaufort County School District requires parental permission for nine books.
  • The lawsuit claims Regulation 43-170 and Weaver's memo violate students' First and Fourteenth Amendments, creating a chilling effect, with Dylan Rhyne stating `I hope that by taking action now, we can restore the safe and welcoming school environment I once knew and make things even better for those to come`.
  • Advocates say the rule has produced the nation's largest state-mandated book ban tally, plaintiffs argue Regulation 43-170 omits the Miller v. California test, and removing Half of a Yellow Sun by Chimamanda Ngozi Adichie risks limiting access to Advanced Placement exam materials.
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WACH broke the news in on Tuesday, October 7, 2025.
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