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Confederate Flag Law may be unconstitutional

Ed Townsend - Columnist
Posted 12/28/20

I've often heard the comment when viewing the Confederate Flag… “O there goes a pure redneck that's for sure.”

I don't believe that truthfully anyone that displays a Confederate Flag is …

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Confederate Flag Law may be unconstitutional

Posted

I've often heard the comment when viewing the Confederate Flag… “O there goes a pure redneck that's for sure.”

I don't believe that truthfully anyone that displays a Confederate Flag is doing so to perpetuate a symbol that does not represent our values of justice and inclusion.

But there is a segment of folks today that take the Confederate Flag as a symbol of hate.

Now if I were commenting on the Nazi flag or Nazi symbols, these should be banned.

So what has recently taken place in Albany is a new bill signed into law by Gov. Andrew Cuomo that will ban the sale of Confederate flags and other “hate symbols” on state property.

Internet viewers when asked if they think the sale of Confederate Flags should be banned in New York responded with a 66% no and 31% yes.

Cuomo in signing the bill said, “this country faces a pervasive, growing attitude of intolerance and hate.”

The New York State Governor pointed out, “by limiting the display and sale of the confederate flag, Nazi swastika and other symbols of hatred from being displayed or sold on state property, including the state fairgrounds, this will help safeguard New Yorkers from the fear-installing efforts of these abhorrent symbols.”

But, New York's new law raises free speech issues.

The First Amendment generally protects the expression of speech and a statute banning the sale of materials expressing those views on state-owned land is highly likely to be held unconstitutional.

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