Rebel flag
Dec. 23rd, 2004 12:00 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
illusionofjoy"Whenever I hear anyone arguing for slavery, I feel a strong impulse to see it tried on him personally."
--Abraham Lincoln
It will be forever debated just how far the 1st Amendment extends to protect freedom of speech. It has been long held that "hate speech" does not fall under the umbrella of protection afforded by the 1st Amendment. The question remains as to what exactly "hate speech" is. The generally accepted definition of "hate speech" is speech "intended to incite hatred on the grounds of race, colour, sex, sexuality or religion." Speech itself is generally defined not only by verbalisations, but to include the printed word and well-known symbols. Few in the Western world will argue that a swastika evokes positive images; Nazi Germany co-opted the twisted cross and forever associated it with genocide and fascism. Along the same lines, the flag of the Confederacy is generally held as a symbol of one of the great stains on the fabric of American history: slavery. Some, however, disagree.
Jacqueline Duty, of Lexington, Kentucky, is one of these people. The former high school senior, now 19 and in college, is suing the Greenup County school district for infringement of her 1st Amendment rights for their refusal to allow her to wear a dress patterned after the Confederate flag to her prom. Despite knowing that many would find her choice of apparel offensive and being told by school officials not to wear the dress, Duty showed up to her prom sporting the rebel red, white and blue regardless and was duly prevented from entering the event. She is now seeking damages of over $50,000.
Several aspects of this case - which, rightfully should be thrown out - bother me. First and foremost is Duty's self-centered attitude. The Associated Press has quoted her as saying of her decision to wear the dress, "Everyone has their own opinion. But that's not mine. I'm proud of where I came from and my background." In essence, she is telling the world that she prides herself in coming from a wealthy family of plantation-dwellers, who owned a field full of slaves and, when the ownership of said slaves was threatened, said family sat back and watched as their lower-class brethren went out and shed countless gallons of blood for their "right" to possess another human being. I am quite certain that the ghosts of several thousand Africans taken against their will to the new world would have plenty to say about Duty's opinion.
Her lawyer seems equally clueless. Saying nothing to enliven debate over the application of the 1st Amendment, he is simply quoted stating, "Her only dance for her senior prom was on the sidewalk to a song playing on the radio." Pardon my sarcasm, but please observe as I hold up two fingers containing the world's smallest violin playing, "My Heart Bleeds For You." The fact of the matter is that this girl was told in advance that her dress was inappropriate and that she would not be allowed to attend her prom if she showed up wearing it. She knew the consequences of her actions, yet proceeded despite this knowledge. She deserved the boot at the door, she does not deserve $50,000.
Some southerners consider the Confederate flag a symbol of their heritage. However, for reasons outlined above, I think that the south needs a new symbol if they are to dispel old stereotypes. Like the swastika, the Confederate flag is a symbol deeply associated with the undeserved pain and suffering of countless individuals. It's chance for redemption - even in the far future - is even more questionable than that of the swastika, as there are no prior causes or meanings that can be associated with the Confederate flag. It will forever be a Civil War relic: a piece of cloth draped over a blood stained field where brother fought brother and thousands cried for an end to oppression. With all of the weight that it carries, to proudly display a Confederate flag under the excuse that it is part of one's "heritage" is obscene, and obscenity is not protected under the 1st Amendment.
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Re: HEY...
Date: 2004-12-23 11:37 am (UTC)It's a statement of who has been in the news the most, not who they favour.
Oi
Date: 2004-12-23 07:47 am (UTC)The Civil War was never initially about slavery, it was about illegal taxation and state's rights(to secede, not to own slaves). It only became about slavery in the same way that the fiasco with Iraq became about "liberating" the Iraqi people.
Lincoln started an illegal war, without dealing with Congress, because he did NOT believe that the Southern states had the right to secede, which they were doing because the Northern railroads were raping them via the transport taxes on their goods. The war was not over quickly, and it was losing moral support, much like the Iraq war, and so Lincoln and his lackeys decided to give it a moralistic twist. The abolitionist movement(which was full of an ASTOUNDING number of hypocrites) was becoming fashionable, and so Lincoln decided that slavery made for a fine moral issue. See the parallel between Bush, the failure of the WMD shit, and the war becoming about the Iraqis?
Also note that ONLY 12% of the American population owned slaves(north and south) and only 1% of those were the "wealthy, plantation owners."
During the Civil War, slavery was still practiced in the North, and most Northerners were more bigoted than those from the South.
Plus, even in the South the slavery issue was being addressed and was, as a practice, dying out.
To get to my point, the Civil War was not about slavery, that was just something applied by the President of the US at that time to make it more palatable to the people he wanted to send off to die because he didn't want to lose the money that the South was providing, nor the resources from those states.
So, frankly, the flag has NOTHING to do with slavery, and if she felt the need to wear a dress based on that pattern, it's no different from someone wearing something with the British flag emblazoned on it..
Hell, the Brits have, historically, done more to fuck over people in the world than anyone from the American South ever did...
And sweetie, if you want to say that you have the right to freedom of expression, you have to accept that everyone else does to.
Plus, please study your history and don't just cow-tow to the typical, PC, bullshit propaganda that's being thrown at you.
Re: Oi
Date: 2004-12-23 10:13 am (UTC)We are speaking of the meanings associated with the Confederate Flag, not the exact reasons it came to be. Yes, the real issues behind the Civil War were tariffs and taxes; however, if John Q. Public signs up to fight under the idea that he will free slaves, and then dies, it follows that John Q. Public died for his belief that slaves should be free.
To cut the quick of the matter, let us look at what the Confederate flag represents:
First is the right to secede from the Union. The Constitution is, at its core, a contract between the states. Each state agrees to abide by the rules set forth. To secede is to break the contract, something that would have set a dangerous precedent not only for the United States, but for any republic like ours (USSR being a distent comparison). The Confederate Flag has become tied to the idea that the United States can break up at any time, an idea I find unappealing.
Second is the right for men to own other men. As stated above, if John Q. Public signs up to defend or defeat slaver, then that is what he will die for. As much as we may dislike it, this country runs on the principle that majority rules; and the majority of the people believe that the Civil War was mainly about slavery. As such, the Confederate Flag has become unalienably tied to it.
Your final paragraph is justifiable to an extent. Yes, we do have freedom of speech so long as it does not cause 'a clear and present danger.' No yelling fire in a crowded room, basically. At first glance, a dress won't cause such a situation; however, if a group feels strongly enough about the matters above, and chose to show such feelings physically, it becomes time to re-think the idea. That can only be decided on a case-by case basis. I do find the desire to wear such a symbol in poor taste at best (and speaks volumes about her character), I do think she was unjustly barred from her prom. This is assuming the other attendees are mature enough to remember that free speech means putting up with offensive actions.
However, there is a much more pertinent reason this case will most likely be thrown out. Schools and Learning Institutions have historically had the right to institute a dress code. The student in question was given plenty of prior notice that her dress would be unacceptable, and only choose to challenge through legal means after the prom.
Re: Oi
Date: 2004-12-23 04:51 pm (UTC)That is in part why "Honest" Abe didn't gain the approval of Congress before deciding on his lil.....war.
The majority of Northeners, and far western states, believe the Civil War was about slavery, because that's what is presented in the history books... you go down South, it's taught differently.
The idea of poor taste is relative... Perhaps she felt that she was making a statement, much as so many lil 'goffs' do.
Plus, have you ever seen the monstrousities some people wear to prom? I hardly think a dress styled after the Confederate flag is that high up on the list.
Re: Oi
Date: 2004-12-23 05:47 pm (UTC)change it now you bigot.
Re: Oi
Date: 2004-12-24 03:10 am (UTC)The "goff" patrol is out? Perhaps I should use the Hot Topic logo, would that be less offensive? Or maybe some sort of little icon about how utterly alone I am in this miserable universe? Would that be more suiting?
Personally, I like Squee, and frankly, I love the irony that so many little "goffs" LOVE Jhonen Vasquez... and he hates them more than they supposedly hate themselves.
Re: Oi
Date: 2004-12-24 02:45 pm (UTC)Re: Oi
Date: 2004-12-24 02:48 pm (UTC)And with that, I've nullified my point, but I'll go ahead and make it.
You can't remove everything that somebody finds offensive. Everything that exists offends someone out there. While wearing the Rebel Flag isn't that tasteful, it is not in any way hate speech. Essentially, people need to quit their bitching.
Re: Oi
Date: 2004-12-26 08:25 am (UTC)"I do find the desire to wear such a symbol in poor taste at best (and speaks volumes about her character), I do think she was unjustly barred from her prom. This is assuming the other attendees are mature enough to remember that free speech means putting up with offensive actions."
So in short, I agree with you. Just wanted to set the record straight.
Re: Oi
Date: 2004-12-23 09:35 pm (UTC)Re: Oi
Date: 2004-12-23 09:34 pm (UTC)no subject
Date: 2004-12-23 11:42 am (UTC)2) A lot of southerners think of the Confederate flag meaning the death of a certain southern culture, often associated with the Dukes of Hazzard. This does not make that message any less lame, but might not mean something about slavery. Though, sadly, more often than not it does.
3) But most importantly, there was a very important Supreme Court decision in the 80's that determined that public schools are not actually "public" for the purposes of such civil liberties as freedom of speech. She'll lose for that reason alone, but that's also the reason that kids in Nebraska who want to dress as goths can also be told that they can't.