South Carolina is poised to enact one of the most stringent statewide bans on public school books, primarily driven by the influence of Moms for Liberty. Regulation 43-170 received automatic approval on June 25 after lawmakers failed to bring it to a vote this past session.
The new law mandates that all instructional materials, including library books, must be deemed "Age or Developmentally Appropriate," a term purposely left ambiguous. It broadly stipulates that content must align with the cognitive, emotional, and behavioral capacities typical for specific age groups, granting expansive authority for interpretation.
Crucially, the law tightens restrictions by defining instructional material as inappropriate if it includes descriptions or visual depictions of "sexual conduct," broadly defined to encompass various forms of intercourse. Previously, South Carolina law required such content to meet obscenity criteria, including appeals to prurient interests or lack of literary, artistic, or scientific value. This shift significantly broadens the scope for book bans in public school libraries, surpassing even Florida's recent measures.
Under the new policy, parents in South Carolina can submit up to five challenges per month regarding school books. If the local school board rejects a challenge, it can be appealed to the state for additional consideration. Approval of the challenge by the state board could lead to a statewide ban, impacting all schools across South Carolina.
Some parents advocate for uniform guidelines to establish a consistent policy across South Carolina, aiming to clarify expectations statewide. Christi Rhom Dixon of Lexington County Mom's for Liberty argued that uniformity provides necessary guardrails to ensure clarity and consistency in educational materials.
Meanwhile, critics argued that the proposed regulation is overly vague and could prohibit numerous age-appropriate books essential for children's education. Patrick Kelly of the Palmetto State Teachers Association expressed concerns that the ambiguous guidelines could pose significant challenges for teachers.
Kelly warned that scrutinizing every action against undefined standards of age appropriateness could increase anxiety and stress among educators. He feared these conditions may drive many teachers to leave the profession, harming students' education.
The initiative was spearheaded by State Superintendent of Education Ellen Weaver, whose ties to Moms for Liberty underscored her advocacy for strict parental rights and educational policies. Weaver's recent actions included removing Advanced Placement African American studies courses and advising schools to disregard President Joe Biden's updated Title IX rules protecting LGBTQ+ students.
ACLU Executive Director Jace Woodrum condemned Weaver's implementation of a broad new book-banning policy, describing it as a tool for pro-censorship advocates. Woodrum reaffirmed the ACLU's commitment to academic freedom and pledged vigorous opposition alongside teachers, librarians, students, and parents. He denounced what he characterized as a campaign of harassment and intimidation targeting public schools and libraries.
Paul Bowers, South Carolina ACLU Communications Director, criticized proponents of censorship, arguing that removing books from libraries or classrooms is a clear act of book banning. The ACLU contended that South Carolina's new policy amounts to censoring students and raised concerns that it could remove classic literature from shelves and out of children's reach.
Central to these concerns is the vague definition of "sexual conduct," which, depending on interpretation, could lead to the banning of a wide range of books, including notable works such as "The Color Purple," "1984," and "Ulysses." Critics viewed this law as a significant step toward state censorship and the promotion of ignorance, potentially fostering a generation of intolerant Americans.
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