A federal judge in South Carolina has dismissed a lawsuit challenging a state budget provision that restricts how race can be discussed in public school classrooms
. The suit was filed by the South Carolina NAACP and a group of students and educators, but the judge ruled they lacked legal standing to challenge the law.
Judge dismisses curriculum lawsuit
In a Monday filing, U.S. District Judge Sherri A. Lydon
dismissed the suit, which had argued that a 2021 budget provision was unconstitutionally vague and amounted to censorship. The provision prohibits using state funds to teach eight concepts about race and sex, including that one race is inherently superior or that an individual should feel guilt based on their race.
The lawsuit was filed on behalf of the NAACP, author Ibram X. Kendi, several students, and two Columbia-area educators. They argued the law violated students’ First Amendment rights and had a “chilling effect” on classroom discussion. The plaintiffs also connected the provision to the state’s decision not to offer an AP African American Studies course.
In her ruling, Judge Lydon found that the plaintiffs did not demonstrate sufficient legal standing, a requirement for taking a case to federal
court. She stated that the students’ inability to take the AP course was not directly caused by the budget provision but by the Department of Education’s own curriculum review process, which is unrelated to the budget proviso. She also determined that the educators’ concerns about possible future disciplinary action were “fears,” not concrete harms.
Ultimately, the judge concluded that while the issues raised are of public importance, they should be resolved through the democratic process, not the federal court system, because the plaintiffs lacked standing.
A victory for education department
State officials, including Superintendent of Education Ellen Weaver and Attorney General Alan Wilson, praised the ruling, with Wilson calling it a victory.
Wilson characterized the
case as an attempt by activists to advance their political agenda through the courts, asserting that such debates belong in the democratic process. Weaver’s office stated that the decision validates their position and affirmed that the state’s curriculum covers significant historical events, both positive and negative. The NAACP Legal Defense Fund has not commented on the ruling, and it remains uncertain if the plaintiffs will appeal.
Another NAACP education lawsuit also dismissed
This is the second recent instance of a federal judge dismissing an education-related lawsuit filed by the NAACP against the Department of Education. Earlier, a challenge to the state’s private school scholarship program was also dismissed because the NAACP was found to lack legal standing.
