Lawsuit against S.C. Dept. of Education aims to end censorship of Black history

COLUMBIA, SC (WOLO) — A federal civil rights lawsuit filed on Monday claims the SC Department of Education is in violation of the U.S. Constitution for censoring racially inclusive information within public schools.

The Legal Defense Fund says it’s challenging a SC state budget proviso which prohibits school districts from using funding from the SC Department of Education for what it calls “partisan instruction” — which includes materials about race and gender inequities.

Amber Koonce, Assistant Counsel with the organization, says this past June when the SC Dept. of Education decided to remove the course code for AP African American Studies, the Legal Defense Fund sent them a letter flagging their concerns.

“But we never received a response, so our lawsuit is our final act and appeal to the courts in our hopes that the courts may protect the rights of SC students and educators,” says Koonce.

According to the Legal Defense Fund, which filed the lawsuit on behalf of the SC NAACP as well as educators and students, the proviso prohibits access to books about the history of racial discrimination and white supremacy in the U.S.

The case claims the proviso also severely restricts teachers and staff from sharing knowledge, and aims to distort the history and lived experiences of the Black community.

“I’ve spoken with impacted educators who’ve talked about self censoring when it comes to topics of systemic racism and discrimination and ongoing instances of oppression. That they are censoring themselves in the classroom, because it is unclear to them what they can and cannot say and be in compliance with this budget proviso,” says Koonce.

In an email response to ABC Columbia, the SC Dept. of Education says, “African-American history is our shared history. South Carolina’s commitment to teach both the tragedies and triumphs of America’s journey remains unchanged, as outlined in our long-standing instructional standards. This meritless lawsuit does not diminish our dedication, nor does it identify any shortcomings or legal defects. The South Carolina Department of Education will continue to seek meaningful opportunities to build bridges across divisions, honor the richness of our shared history, and teach it with integrity, all while ensuring full compliance with state law.”

Attorney Tyler Bailey who is also part of filing the lawsuit says, “The use of the word meritless here has no context in regards to this lawsuit. It is our shared history, that’s true, but the issue is, who is deciding what history is shared, and are they stifling other relevant history just because somebody may say ‘Oh, it makes me uncomfortable.'”

Koonce and Bailey say their hope is the courts declare the proviso unconstitutional and no longer allow it to be enforced.

“It is proven to be harmful to students and educators especially Black South Carolinians and that is the relief we are seeking from the court.”

“There was a time when segregation was also state law, so just because something is in compliance with state law doesn’t mean that law is constitutional. And that’s what we’re doing here,” says Bailey.

Other defendants named in the lawsuit include State Superintendent Ellen Weaver, Lexington-Richland School District Five, and Lexington County School District Three. No further comments from defendants were received by ABC Columbia News at this time.

Other plaintiffs include a Chapin High School Advanced Placement Language Arts teacher and two Black students from Spring Valley and A.C. Flora High School.