A federal appeals court has ruled that part of a lawsuit challenging South Carolina’s restrictions on certain classroom instruction can move forward.
The lawsuit, filed in early 2025 by the South Carolina NAACP, several high school students and author Ibram X. Kendi, challenges a state budget proviso that prohibits the use of state funds to teach that one race or sex is inherently superior to another.
Defendants in the case include State Superintendent of Education Ellen Weaver and school districts in Lexington and Richland counties.
Plaintiffs argue the proviso is overly broad and has had a chilling effect on classroom instruction, leading to the removal of books, lessons and discussions related to history, race and current events. The lawsuit contends the policy violates protections guaranteed under the First and Fourteenth Amendments of the U.S. Constitution.
In September 2025, U.S. District Judge Sherri Lydon dismissed the case, ruling that the plaintiffs lacked legal standing to pursue their claims.
However, the U.S. Fourth Circuit Court of Appeals has reversed part of that decision, finding that the South Carolina NAACP and one student have standing to proceed with a First Amendment challenge. The court’s ruling allows the case to continue, including claims related to restrictions on curriculum such as Advanced Placement African American Studies.
The decision does not resolve the merits of the lawsuit but permits the challenge to move forward in federal court.
