Dead Confederates, A Civil War Era Blog

Lexington Flag Case Update

Posted in Memory by Andy Hall on July 5, 2013

Back in May, the Virginia SCV argued before the U.S. Fourth Circuit Court of Appeals to reinstate its case against the City of Lexington, Virginia, over the latter’s 2011 ordinance restricting use of its flagpoles to official city, state and national flags. On Friday, the Fourth Circuit declined to reinstate the case:

Although the First Amendment guarantees free speech in a public forum, it does not guarantee access to property simply because it is owned or controlled by the government,” the court wrote in its opinion, adding later: “It appears that the City experimented with private speakers displaying flags on the City’s standards, and that effort turned out to be troublesome. It was entitled, under the controlling principles, to alter that policy.

Exactly right. You have a right to express your views; the government doesn’t have an obligation to provide a venue for them.

Meanwhile, Brandon Dorsey continues to whine that Lexington’s ordinance is comparable to Jim Crow segregation:

Dorsey said by that logic, it would be acceptable to close a public school or swimming pool to all people to keep black children out. “We wouldn’t let that stand today against a minority class,” he said.


The SCV has two weeks to petititon the Fourth Circuit for an en banc review by the full court, or ninety days to file a petition to be heard by the Supremes.



2 Responses

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  1. Andy Hall said, on July 6, 2013 at 12:54 am

    To save my friend Billy the trouble, here’s his comment from the linked article:

    The subject heading of this article is totally wrong , as “Confederate Flag” were never used in the original display on the poles – however a Virginia State flag was. The other 2 versions represented Robert E Lee and Thomas Stonewall Jackson.

    It is so easy to see the low information individual side with censorship and the violation of 1st Amendment rights here, but once you understand that this flag ban came about from the action of 1 woman, a Russian national with no ties to America or the local community, and the town’s Mayor – a strong supporter of the Anti-American SPLC, and now backed by a liberal anti-Constitutional court led by Barack Obama – it is easier to see this is yet just one more ‘From the Bench” dictate by fiat against American citizens for a more communist country.

    So, is it really a good thing that in the town where they are famous and buried, that Flags that represent Lee, Jackson and Virginia cannot be flown?

    • Billy Bearden said, on July 6, 2013 at 11:13 am

      Thanks Andy – you’re the best ❤

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