Read a PDF of our statement here.

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.”

“I joined as a plaintiff because I’ve always been passionate about African-American history. Taking the class on a college prep level sparked my interest, but I wanted to dive deeper by taking the AP level course,” said a student plaintiff in the case. “Understanding this history is crucial for my future medical career, as it will help me better diagnose, treat, and care for patients of color. Without this knowledge, healthcare disparities can worsen, leading to inadequate treatment and even death.”

“As a public-school teacher, I have committed myself to do what I can to fight injustice and honor humanity. And this is exactly what proponents of South Carolina’s budget proviso seek to prevent: citizens armed with truth and empathy, who think critically and challenge oppressive systems which benefit few and harm many,” said plaintiff Mary Wood, an AP English teacher. “It’s far past time for divisive entities to be diminished of their unethical grip on power and for South Carolinians to have access to honest history and proper educational opportunity in our schools.”

“All educators and students have a fundamental right to teach and learn freely and truthfully—not with fears of censorship, discrimination, and retaliation,” said Patricia Okonta, LDF Assistant Counsel. “Classroom curricula should cover the full breadth of our nation’s history, heritage, and current events, including Black history and heritage—which is an integral part of the fabric of South Carolina and American history and heritage as a whole. We stand fully and unequivocally with South Carolina students and educators against these anti-truth attacks and will fight on their behalf so all public school students in South Carolina can access the public education that they deserve.”

###

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.

Shares