Rebel flag

"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 1^st 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 1^st 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 1^st 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 1^st 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 1^st Amendment.