September 10, 2025
In the lawsuit, the plaintiffs say South Carolina’s Budget Proviso 1.79 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.
A federal judge ruled to dismiss a federal lawsuit filed by the NAACP that challenged what the plaintiffs call a discriminatory censorship law in South Carolina. The NAACP sued the South Carolina Superintendent of Education, Ellen Weaver, and two Midlands school districts over Budget Proviso 1.79 in public schools after state leaders canceled the Advanced Placement (AP) African American Studies course. The plaintiffs argue the proviso affects how students in grades K-12 are taught about race and slavery.
“The court recognizes that the issues raised are matters of public importance. But because Plaintiffs lack standing, the Constitution leaves their resolution to the democratic process rather than the federal courts,” Judge Sherri A. Lydon said in her filing.
As WISTV reports, Judge Lydon elaborated on her ruling, stating that the removal of the AP African American Studies was not directly associated with the budget proviso, which the plaintiffs alleged in the initial suit and July hearing, but tied to alleged controversy of the course and a planned update to the state’s public school studies standards instead, according to a memo issued by the South Carolina Department of Education.
“There is nothing preventing districts from continuing to offer AP African American Studies as a locally-approved honors course should they choose to do so,” Weaver wrote in a memo announcing that AP African American studies would no longer be offered in South Carolina public schools.
She continued that the state education department, “Maintains its unwavering commitment to teaching the factual historical experience of African Americans to our students.”
Legal Defense Fund Slams Judge’s Ruling
Critics of Budget Proviso 1.79 argue that it imposes widespread restrictions on the teaching of certain topics related to race, racial inequalities, and Black history, heritage, and culture. The proviso prompted a lawsuit filed by a group of South Carolina educators, students, an author, and the NAACP South Carolina State Conference.
In the lawsuit, the plaintiffs say South Carolina’s Budget Proviso 1.79 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. According to the Legal Defense Fund, which represented the plaintiffs, advocates claim that the proviso has also led to the removal of books by Black authors from school libraries.
“The Court’s decision to dismiss this challenge to Budget Proviso 1.79, despite its widespread harms, is deeply disappointing,” said LDF Senior Counsel Charles McLaurin. “Budget Proviso 1.79 continues to present a grave and urgent threat to the state’s K-12 public schools—especially to Black children and teachers who have had their history, heritage, and lived experiences erased from classrooms. Despite this outcome, we will continue to take every avenue necessary to challenge Budget Proviso 1.79 and ensure that South Carolina schools reflect the honest, inclusive education to which students are entitled.”
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