South Carolina Educators, Students and Renowned Author Challenge State’s Racially Discriminatory Censorship Law
Today, the Legal Defense Fund (LDF) and Tyler Bailey of Bailey Law Firm, LLC filed a federal civil rights lawsuit on behalf of the South Carolina State Conference of the NAACP, South Carolina educators, students, and author Dr. Ibram X. Kendi to challenge South Carolina Budget Proviso 1.79’s censorship of certain subject matter concerning racial inequalities and Black history and culture in K-12 public classrooms. South Carolina is one of more than 20 states that have adopted laws and policies to restrict discussions around race and gender inequalities in the classroom.
In the lawsuit, the plaintiffs assert that South Carolina Budget Proviso 1.79 is racially discriminatory and severely restricts teachers and staff from sharing information and knowledge about the history and experiences of Black people in South Carolina schools. Budget Proviso 1.79 restricts the use of state funding for the instruction, training, or use of pedagogical tools on topics related to racial and gender inequalities. Identical versions of the proviso have been reauthorized through the state budgeting process for the past four fiscal cycles, with version 1.79 taking effect last year. The proviso has led to the restriction of accurate, comprehensive education on race-related issues for South Carolina students, including the state-wide removal of the course code for Advanced Placement African American Studies and the censorship of books by Black authors.
“The State’s Budget Proviso 1.79 is a grave disservice to South Carolina students—an egregious attempt to erase the history, heritage, and lived experiences of Black communities from classrooms, despite their overwhelming role in shaping the very fabric of our state,” said plaintiff President Brenda Murphy of the South Carolina State Conference of the NAACP. “Let’s be clear: political attempts to distort history and truth only perpetuate ignorance, division, and hate. This censorship measure poses a significant, chilling threat to comprehensive education for all students at a time where the teaching of cultural understanding and inclusivity in our classrooms is needed more than ever. We stand firmly against the State’s censorship and are committed to ensuring that public education in our state provides the quality, breadth, and depth that students deserve.”
“The State’s efforts to censor lessons and discussions about Black people from public schools—including their experiences with past and ongoing racism—is a shameful affront to all South Carolina students’ right to receive information that is truthful and accurate,” said Amber Koonce, LDF Assistant Counsel. “Budget Proviso 1.79 has harmed public educators and students across the state—especially Black South Carolinians who have had their histories and realities erased from the classroom. We urge the court to put an immediate end to this discriminatory censorship law.”
“It is my duty to join this lawsuit as a voracious reader who believes in the freedom to read, as an antiracist author who believes we should all be learning about the history of racism not banning books about it, and as a historian who has documented when South Carolina enslavers and segregationists banned books about abolition and civil rights,” says plaintiff Dr. Ibram X. Kendi, National Book Award-winning historian.
“The State’s Budget Proviso 1.79 is a disgraceful touchpoint in a longstanding, storied legacy of South Carolina’s attempts to erase Black history and heritage—and evade its well-documented history of racial discrimination—from public education. Black South Carolinians—who make up a quarter of our state population and have a rich, vibrant history—have the right to exist wholly and freely from censorship and discrimination, and quality public education should be truthful and inclusive of our nation’s diversity of communities,” said civil rights attorney Tyler Bailey. “We cannot let these egregious attacks stand. As a community advocate for justice, freedom, and accountability, I call on the court to stop and prevent further harms caused by this legislation.”
“If it is the only thing I do in this life, I will advocate for children, because every child deserves advocates. The children of this state – my children – deserve the best education we can offer,” said plaintiff Ayanna Mayes, a high school librarian. “We must provide an education that prepares them as citizens to read widely, think critically, and understand that complex issues have multiple, varied perspectives. The State of South Carolina is muzzling and tying the hands of the brilliant, highly trained educators it has certified and dis-serving its bright, talented students.”
Source: Legal Defense Fund