ACLU and ACLU of South Carolina raise alarm over sweeping new book ban law

COLUMBIA, SC — Tomorrow, June 25, South Carolina is set to automatically pass a law that would allow mass censorship of books in classrooms and libraries.

This regulation, titled “Uniform Procedure for Selecting or Re-Evaluating Instructional Materials,” was drafted by Ellen Weaver’s South Carolina Department of Education and establishes a statewide policy banning books that contain descriptions of “sexual behavior” and “eliminatory functions.” This broad definition could be used to remove a wide range of literature from South Carolina schools, including classics such as The Canterbury TalesMasterpieces of the 20th century such as 1984and even children’s books like Everyone poops.

“Superintendent Weaver is attempting to give unprecedented power to censorship groups and is ignoring students’ freedom to read and parents’ right to determine their own children’s education,” said Josh Malkin, Advocacy Director at the ACLU of South Carolina“At a time when we cannot afford to lose any more teachers, the Superintendent’s book ban policy would burden public school teachers and librarians with mountains of paperwork and the threat of penalties. We call on the Superintendent to reverse this dangerous and draconian policy.”

This sweeping policy is set to take effect automatically, even though it has not been debated or voted on in the state Senate or House, as the process normally requires. School districts can decide whether this policy will apply retroactively, but it will apply automatically. Librarians have no guidance on how to proceed with future acquisitions, and there are concerns that districts that choose to protect books will be inundated with objections. A similar policy in Iowa, for example, has already led to the removal of books, including Only Begotten Son, UlyssesAnd The colour purple of schools.

Over the past year, censorship organizations in at least a dozen counties have attempted to ban books en masse through local school boards, but they have been largely thwarted because districts listened to the parents, teachers and librarians who actually read the books. As the ACLU of South Carolina has repeatedly stated, the rule would undermine parents’ rights and harm public education by opening the floodgates to mass book bans and encouraging self-appointed censors to impose their views on all South Carolinians through appeals to the state school board.

The South Carolina ruling is part of a disturbing nationwide trend of book bans. The American Library Association recently documented that 4,240 unique book titles were scheduled to be censored in 2023 and that there have been over 1,247 requests to censor library books, materials and resources.

The ACLU and the ACLU of South Carolina will continue to fight for a public education system in which all students find themselves, their experiences, and their stories represented on library shelves.