Columbia, SC – In the final weeks of the legislative session, a bill is being considered that could impact students in South Carolina. If enacted, the legislation could lead to consequences for teachers and schools that discuss topics or content deemed “offensive” or “obscene” with students.
The proposed bill seeks to modify the state’s existing obscenity laws by implementing a stricter definition of what is considered “harmful to minors.” Under this revised definition, even small portions of a book containing obscene or graphic material could be deemed “inappropriate” for students.
While South Carolina law already defines obscenity, this bill aims to redefine it within the context of educational materials.
Concerns have been raised that the bill could categorize an extensive amount of speech as obscene and represents a broad infringement on First Amendment rights.
Proponents of the bill, including its sponsor, emphasize the importance of protecting children from what they consider inappropriate material, citing complaints from parents across the state regarding the content their children are being exposed to in schools.
Opponents argue that the bill’s broad language could lead to unintended consequences, potentially classifying even innocuous educational materials as obscene. Examples cited include the possibility of a potty-training book being categorized as such under the proposed definition, due to its mention of bodily functions being interpreted as sexual activity if a minor is present during a discussion of the material.
Some lawmakers have also noted the significant constitutional implications of the proposed legislation.
The bill remains under discussion in the House and is not expected to pass during the current legislative session.
