Dead Confederates, A Civil War Era Blog

Lexington Flag Case Update

Posted in Memory by Andy Hall on January 16, 2013

Word comes today that the an appeal in the SCV’s lawsuit against the City of Lexington will be heard on March 20 by the U.S. Fourth Circuit Court of Appeals in Richmond. Back in June, the district court dismissed the case, finding the ordinance to be “reasonable, nondiscriminatory, [and] content-neutral.” The SCV’s Stonewall Brigade appealed that dismissal, and will now present oral arguments to justify reinstating the case.

However the court rules after the hearing in March, the Stonewall Brigade likely faces an uphill fight. Winning this round at the Fourth Circuit sends the case back for trial in a court that has found it to be prima facie without merit. If the Stonewall Brigade loses before the Fourth Circuit, I presume they can appeal that ruling to the Supreme Court, but it seems extremely unlikely that that body would grant certiorari to hear arguments to reinstate a case that that two lower courts, in succession, have deemed not worthy of a district court’s time. A ruling against them at the Fourth Circuit would likely be “game over” in every practical sense. For the Stonewall Brigade and its supporters, the hearing on March 20 is not so much about winning the game, as it is merely staying in the game at all.

Back when the Lexington ordinance was first passed in 2011, Susan Hathaway said that under the law, the “ordinance is air tight.” She was correct. Nearly a year ago I argued that the Stonewall Brigade will ultimately lose the Lexington flag fight, for reasons I outlined at the time. That reasoning still holds.



6 Responses

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  1. Josephine Lindsay Bass said, on January 16, 2013 at 10:57 am

    Comment deleted.

    — AH

    • Neil Hamilton said, on January 16, 2013 at 11:21 pm


      I am convinced that the Stonewall Brigade lives by the verse found in 2 Corinthians 5:7:

      “We live by faith, not by sight.”


  2. Bummer said, on January 17, 2013 at 11:07 am

    Some folks say that Bummer spends to much time studying the past. “Get a Life” Well, the “old guy” may not have much of a life, but surely these folks and their flag demonstrations and child abuse could find anything more constructive than this, what a waste of time, energy and money. What an embarrassment.


    • Andy Hall said, on January 17, 2013 at 11:31 am

      The modern Confederate heritage movement’s own self-identity is bound up in being an oppressed minority, under siege and victimized from all sides by political correctness, craven politicians, indoctrinated academics and supposedly South-hating bloggers. It’s a movement that gets its fire from resentment and anger against perceived slights — real or imagined — against people who died long ago, that they themselves never met. The Flaggers instinctively get this — whether they’re actively conscious of it, I don’t know — which is why they’ve established a long track record of exaggerated or unnecessary confrontations with more-or-less anybody who comes along, all in an effort to keep up their profile among their supporters. Stirrin’ the pot.

      • Rob Baker said, on January 18, 2013 at 11:55 am

        I feel you left an important aspect out in describing the flagger psyche. This is a modern political movement projecting their modern political ideologies on the past.

        • Neil Hamilton said, on January 18, 2013 at 5:07 pm


          100% correct.

          This is a modern-day attempt at a cheap form of time-travel with the goal of changing our past.


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