Last night, the Legal Defense Fund (LDF) and Tyler Bailey of Bailey Law Firm, LLC filed a preliminary injunction on behalf of South Carolina educators, students, author Dr. Ibram X. Kendi, and the South Carolina State Conference of the NAACP, asking a District Court in South Carolina to immediately halt the implementation of Budget Proviso 1.79, a censorship law, to prevent further harm to K-12 students and educators. The lawsuit, filed in January, asserts that 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.
In their motion, the plaintiffs argue that Budget Proviso 1.79 has stifled their ability to learn and teach in South Carolina’s classrooms, further evidenced by its vague language that makes it nearly impossible for educators to ascertain what they can and cannot teach. The plaintiffs are seeking to have AP African American Studies reinstated; to have Dr. Kendi’s book Stamped returned to K-12 classrooms and libraries from which it has been banned; and to allow teachers and librarians to fulfill their duties without fear of being censored.
“All students are entitled to access honest, high-quality, and comprehensive public education—a fundamental right not only crucial to adequately prepare them for their futures, but also to enable their active participation within our democracy,” said Maia Cole, LDF Assistant Counsel. “Budget Proviso 1.79 presents a grave and urgent threat to the state’s K-12 public schools—especially to Black children and teachers who have had their history, heritage, and lived experiences stripped from classrooms. We urge the Court to immediately halt this discriminatory censorship law.”
“South Carolina communities have experienced firsthand the widespread detrimental effects of the State’s Budget Proviso 1.79 on our K-12 public school students and teachers,” said civil rights attorney Tyler Bailey. “The discriminatory and chilling nature of this law necessitates urgent action. We are seeking the Court’s temporary stop to Budget Proviso 1.79 while it fully evaluates this case as a critical step in safeguarding the interests of our clients.”
Budget Proviso 1.79 prohibits 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 (AP) African American Studies and the censorship of books by Black authors.
Access the motion for preliminary injunction here.
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Legal Defense Fund (LDF) – Founded in 1940, the Legal Defense Fund (LDF) is the nation’s first civil rights law organization. LDF’s Thurgood Marshall Institute is a multi-disciplinary and collaborative hub within LDF that launches targeted campaigns and undertakes innovative research to shape the civil rights narrative. In media attributions, please refer to us as the Legal Defense Fund or LDF. Please note that LDF has been completely separate from the National Association for the Advancement of Colored People (NAACP) since 1957—although LDF was originally founded by the NAACP and shares its commitment to equal rights.
