South Carolina Regulation 43-170 has been wreaking havoc on education this year, and few are more directly affected than humanities teachers. It reads, in part, “Instructional
Material is not “Age and Developmentally Appropriate” for any age or age group of children if it includes descriptions or visual depictions of “sexual conduct,” as that term is defined by Section 16-15-305(C)(1).”

In turn, Section 16-15-305(C)(1) reads:

(1) “sexual conduct” means:

(a) vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted, whether between human beings, animals, or a combination thereof;

(b) masturbation, excretory functions, or lewd exhibition, actual or simulated, of the genitals, pubic hair, anus, vulva, or female breast nipples including male or female genitals in a state of sexual stimulation or arousal or covered male genitals in a discernably turgid state;

(c) an act or condition that depicts actual or simulated bestiality, sado-masochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a costume which reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or the condition of being fettered, bound, or otherwise physically restrained on the part of the one so clothed;

(d) an act or condition that depicts actual or simulated touching, caressing, or fondling of, or other similar physical contact with, the covered or exposed genitals, pubic or anal regions, or female breast nipple, whether alone or between humans, animals, or a human and an animal, of the same or opposite sex, in an act of actual or apparent sexual stimulation or gratification; or

(e) an act or condition that depicts the insertion of any part of a person’s body, other than the male sexual organ, or of any object into another person’s anus or vagina, except when done as part of a recognized medical procedure.

This is in the 2023 South Carolina Code of Laws, Title 16 (Crimes and Offenses),
Chapter 15 (Offenses Against Morality And Decency) Section 16-15-305 (Disseminating, procuring or promoting obscenity unlawful; definitions; penalties; obscene material designated contraband).

So this morning, I walked into the teacher’s workroom this morning to put my lunch in the refrigerator, and the drama teacher was making copies.

“Are you still able to teach Romeo and Juliet?” she asked.

I told her that as far as I knew, we were still able to teach it. It is, after all, in the textbook the South Carolina Department of Education approved. I asked her what she meant.

“We’re getting word that his plays are a bit too controversial, and we might not be able to act them anymore,” she explained.

Pretty much.