LDF Appeals Dismissal of Lawsuit Challenging South Carolina’s Discriminatory Curriculum Censorship Law in K-12 Schools

Read a PDF of our statement here.

Today, the Legal Defense Fund (LDF), Tyler Bailey of Bailey Law Firm, LLC , and WilmerHale LLP filed an appeal in a federal civil rights lawsuit challenging a discriminatory law that censors the teaching of certain subjects related to racial inequity and Black history and culture in South Carolina public schools. In September, the federal district court dismissed the lawsuit, which was filed on behalf of the South Carolina Conference of the NAACP, students, educators, and author Dr. Ibram X. Kendi. The Fourth Circuit Court of Appeals will now review the lower court's decision.

"I joined this appeal because I deserve a truthful education," said J.S., a student plaintiff in the case. "As a Black student, it is important for me to learn the full history of America, my history, and how those experiences inform today's world. When parts of history are censored or removed, it denies me the chance to fully understand my community and country or to prepare for my future."

Earlier this year, plaintiffs filed the federal lawsuit challenging South Carolina's discriminatory Budget Proviso and sought a preliminary injunction to address its widespread harms. The challenged proviso bars school districts from using Department of Education funding for certain topics related to racial and gender inequality. In their initial lawsuit, the plaintiffs asserted that the Budget Proviso is racially discriminatory and severely restricts teachers and staff from sharing certain information and knowledge about the history and experiences of Black people in South Carolina schools.

"As a historian and antiracist author, I believe in the power of honest and comprehensive curriculum not only to break down barriers, but to allow a truthful reckoning with our nation's shared history," said plaintiff Ibram X. Kendi, Stamped author and historian. "South Carolina's attempt to rewrite the truth critically undermines educational integrity and intellectual freedom. I will continue to stand against these regressive efforts."

"Though this proviso has been annually renewed since 2021, we cannot allow its repeated renewal to normalize the profound harm it inflicts on South Carolina students and communities," said Tyler Bailey of Bailey Law Firm, LLC. "This appeal is essential to uphold the constitutional rights of South Carolina's generations of youth to access an honest, accurate, and comprehensive education in our public schools."

"Erasing history is a disservice to education, knowledge, truth, free expression, democracy, and, most importantly, the students of South Carolina. Our clients look forward to the appeal," said Lauren Moore of WilmerHale LLP.

"Silencing lessons about race, racism, and the heritage, histories, and culture of Black people in South Carolina runs afoul of the civil rights of every South Carolinian," said Charles McLaurin, Senior Counsel at LDF. "Our submission of this appeal on behalf of South Carolina students and communities represents our unwavering commitment to ensuring their right to a truthful, inclusive education."

The discriminatory Budget Proviso has been renewed in its various forms each fiscal cycle since 2021. The proviso has led to the state-wide cancellation of the Advanced Placement (AP) African American Studies course and the removal of books by Black authors from school libraries.

Access the appeal brief.

Learn more about Budget Proviso 1.79.