A federal appeals court said Tuesday that a group of students, educators, an author, and the South Carolina NAACP can continue challenging a state law that bars certain race-related lessons in schools.
The lawsuit, filed in January 2025, was dismissed in September by U.S. District Judge Sherri Lydon, who said the plaintiffs did not have standing to sue. Tuesday’s ruling sends the case back to district court and gives the group another chance to seek an order blocking enforcement of the law while the case proceeds.
“This decision is a critical victory for South Carolina students, educators, and families who deserve access to truthful, inclusive education,” Charles McLaurin, an attorney working on the case for Legal Defense Fund, said in an email.
The South Carolina Department of Education said the ruling did not address the substance of the law.
“There has not yet been any ruling on the merits of the case, and the Department’s legal positions and defenses are still pending before the district court to be decided,” spokeswoman Christy Cox said in an email. “We remain confident that the Department’s actions are consistent with the law.”
In 2023, lawmakers passed a bill to remove one provision that both parties said could be confusing, create a statewide complaint process, and specify that the ban did not apply to “historically accurate” discussions of slavery, Reconstruction, Jim Crow, segregation, racial lynchings, and other oppression based on race, sex, ethnicity, class, nationality, religion, or region. The bill failed in 2024 after the House and Senate did not agree on a final version.
The lawsuit said the law led the state to drop an Advanced Placement African American Studies course and contributed to the removal of Ibram Kendi’s book “Stamped: Racism, Antiracism, and You” from school classrooms and libraries. A librarian and a teacher also said they changed lesson plans to avoid risking their jobs.
Department lawyers argued the law did not cause the course or book to be removed. Court filings said the state cited a curriculum review in ending the AP course, while a Lexington County School District 3 board removed Kendi’s book over “inaccuracies and lack of objectivity.” But the appeals court said officials in both cases also cited the law, making the challenge valid.
The court also said two of the four unnamed student plaintiffs could not remain in the case because one had graduated and another had not enrolled in the discontinued course. Two students who had taken steps to enroll could continue, Judge G. Steven Agee wrote for the three-judge panel.
