COLUMBIA, S.C. (WSPA) – A legal battle in federal court could change how race and history are taught in South Carolina public school classrooms.

On Wednesday, a federal judge in Columbia heard arguments in a lawsuit filed by the South Carolina NAACP and several plaintiffs against the State Superintendent of Education, Ellen Weaver, over a budget proviso.

The proviso prohibits the use of public funds to teach that one race or sex is inherently superior to another. NAACP argue the rule is vague and has had a chilling effect on educators, while supporters say it protects students from divisive content.

Attorneys for the NAACP said that it’s unconstitutional, claiming it violates students’ First Amendment rights. They also said the rule was used to justify the removal of AP African American Studies from South Carolina classrooms.

“It’s unconstitutional and it essentially tramples on our student clients’ First Amendment rights. The stakes are really high here,” said Charles McLaurin, who is the attorney for the South Carolina NAACP.

While an honors version of the course is still offered in schools, NAACP lawyers said that isn’t enough. They want all schools to have the option to reinstate the course.

“Students throughout the state, including our city, won’t have access to the critical, vital information that’s contained within this course, and that is very much a violation of their constitutional rights.”

Attorneys for State Superintendent of Education Ellen Weaver pushed back on those claims, arguing that public school students do not have a constitutional right to receive specific content in schools since its government funded. They also said the lawsuit is politically motivated.

In a statement while exiting the courthouse, Attorney representing Superintendent Weaver said, “We appreciate Judge Lydon’s careful and thorough consideration of our arguments, and we look forward to her ruling.”

South Carolina Attorney General Alan Wilson (R) also said in an interview last week, defending the proviso. “The state of South Carolina has a right to prohibit that type of curriculum from being taught to children,” Wilson said. “I’m defending the right of the General Assembly to not teach racially or sexually divisive curriculum to students.”

Two South Carolina teachers also were represented, describing how the proviso has impacted their ability to teach. They shared concerns about censorship and the growing fear among educators who worry that even standard history lessons might be deemed inappropriate under the vague language of the law.

The Attorneys for the NAACP said they have received reports that there is a teacher hotline designed to allow parents or others to report educators suspected of violating the proviso.

The case is now in the hands of U.S. District Judge Lydon.