The American Civil Liberties Union of South Carolina has filed a lawsuit against State Superintendent Ellen Weaver, challenging the state's broad censorship policies that restrict access to books and educational content.

The lawsuit targets Regulation 43-170, which broadly bans materials depicting sexual conduct and restricts discussion of concepts like 'implicit bias' and 'social-emotional learning,' further limiting educational content.

Critics argue that the vague language of these regulations leads to inconsistent enforcement, causing librarians and teachers to preemptively remove books to avoid penalties, thereby creating a chilling effect on library collections.

The regulation's vague wording bypasses the Miller Test for obscenity, resulting in widespread censorship and removal of diverse books, including works like 'Half of a Yellow Sun' by Chimamanda Ngozi Adichie.

Many books, including classics like 'The Bluest Eye' and 'The Kite Runner,' have been removed from classrooms and digital collections, significantly impacting students' access to diverse literature.

Notable books banned include 'The Perks of Being a Wallflower,' 'All Boys Aren't Blue,' and 'Half of a Yellow Sun,' mainly due to sexual content, raising concerns over censorship and the restriction of diverse perspectives.

This broad interpretation has led to confusion among educators and librarians, who fear losing their licenses or facing penalties, prompting them to restrict access to literature discussing sexuality and human experiences.

The enforcement of these policies has resulted in the elimination of classroom libraries and censorship of materials by authors such as Toni Morrison and Khaled Hosseini, fostering a climate of fear among educators.

The lawsuit emphasizes that banning books discussing sexuality and human experiences suppresses literature and critical thinking, which are vital for educational development.

The lawsuit, filed on October 7, 2025, in the U.S. District Court, is on behalf of the South Carolina Association of School Librarians and three students, challenging the constitutionality of these restrictions.

The Department of Education defends the policies as legally sound, while the ACLU seeks to have the regulations declared unconstitutional and to restore access to censored materials.

The case highlights ongoing legal debates about First Amendment rights in schools, contrasting recent rulings that limit such rights in educational settings.

The regulation has caused chaos in schools, leading to the removal of numerous books, restrictions on classroom libraries, and requiring parental permission for certain titles, impacting educational diversity.