Stereotypes, Prejudice, and Discrimination

The Confederate Flag vs. the First Amendment

A photo of the Confederate flag hanging on a flagpole
To some, the Confederate flag is a symbol of pride in Southern history. To others, it is a grim reminder of a degrading period of the United States’ past. (Photo courtesy of Eyeliam/flickr)

In January 2006, two girls walked into Burleson High School in Texas carrying purses that displayed large images of Confederate flags. School administrators told the girls that they were in violation of the dress code, which prohibited apparel with inappropriate symbolism or clothing that discriminated based on race. To stay in school, they’d have to have someone pick up their purses or leave them in the office. The girls chose to go home for the day but then challenged the school’s decision, appealing first to the principal, then to the district superintendent, then to the U.S. District Court, and finally to the Fifth Circuit Court of Appeals.

Why did the school ban the purses, and why did it stand behind that ban, even when being sued? Why did the girls, identified anonymously in court documents as A.M. and A.T., pursue such strong legal measures for their right to carry the purses? The issue, of course, is not the purses: it is the Confederate flag that adorns them. The parties in this case join a long line of people and institutions that have fought for their right to display it, saying such a display is covered by the First Amendment’s guarantee of free speech. In the end, the court sided with the district and noted that the Confederate flag carried symbolism significant enough to disrupt normal school activities.

While many young people in the United States like to believe that racism is mostly in the country’s past, this case illustrates how racism and discrimination are quite alive today. If the Confederate flag is synonymous with slavery, is there any place for its display in modern society? Those who fight for their right to display the flag say such a display should be covered by the First Amendment: the right to free speech. But others say the flag is equivalent to hate speech. Do you think that displaying the Confederate flag should considered free speech or hate speech?