Jan 30, 2025 Story by: Editor
The Legal Defense Fund (LDF) and Tyler Bailey of Bailey Law Firm, LLC, filed a federal civil rights lawsuit challenging South Carolina Budget Proviso 1.79. The suit brought on behalf of the South Carolina State Conference of the NAACP, educators, students, and author Dr. Ibram X. Kendi, contests the censorship of Black history and discussions on racial inequalities in South Carolina K-12 public classrooms. South Carolina is among over 20 states with laws restricting race and gender discussions in schools.
The plaintiffs argue that Proviso 1.79 is racially discriminatory, severely limiting educators’ ability to teach about Black history and the experiences of Black people. The proviso prohibits the use of state funds for teaching, training, or utilizing resources related to racial and gender inequalities. It has been reauthorized for the last four fiscal cycles, with the current version, 1.79, taking effect in 2023. This law has already led to the removal of the Advanced Placement African American Studies course and the banning of books by Black authors in South Carolina schools.
Brenda Murphy, president of the South Carolina State Conference of the NAACP, said, “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. 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.”
Amber Koonce, Assistant Counsel at LDF, added, “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. 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.”
Dr. Ibram X. Kendi, the renowned historian and author, expressed, “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.”
Attorney Tyler Bailey, representing the plaintiffs, stated, “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. 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.”
Plaintiff Ayanna Mayes, a high school librarian, emphasized, “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. 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.”
A student plaintiff, who had hoped to take the AP African American History course, stated, “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. 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.”
Mary Wood, an AP English teacher and plaintiff, said, “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. 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.”
Patricia Okonta, Assistant Counsel at LDF, concluded, “All educators and students have a fundamental right to teach and learn freely and truthfully—not with fears of censorship, discrimination, and retaliation. 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.” Source: Legal Defense Fund
