I posted about this almost four years ago, then updated on the story after readers and fellow bloggers alerted me to some pertinent details. Now, the controversy over the Sons of Confederate Veterans (SCV) seeking to have a license plate made for their organization in Texas has finally been adjudicated and they are on the losing end.
The Supreme Court ruled 5-4 (you can read the briefing here)that Texas may reject the SCV license plate on the grounds that license plate designs constitute government speech and does not violate the Free Speech Clause of the First Amendment. Justice Clarence Thomas joined Stephen Breyer, who authored the decision, as well as Justices Kagan, Ginsburg, and Sotomayor. Chief Justice Roberts, as well as Justices Alito, Kennedy, and Scalia dissented, with Alito providing some biting criticism of the decision, writing, according to CNN, “the Court’s decision categorizes private speech as government speech and thus strips it of all First Amendment protection.” He added that the ruling, “”establishes a precedent that threatens private speech that the government finds displeasing.”
What is interesting about this decision is how it goes against the general trend when cases involving the SCV and other states have gone to courts, with the SCV usually ending up as the victor. Personally, I will say that I am a bit concerned about the precedent that this may set regarding other organizations seeking to have license plates for their causes, but as I stated back when this story first flared in 2011, I believe that had the SCV compromised and sought to create a neutral plate with a soldier silhouette and commemorate the 150th anniversary, or Civil War veterans in general, the issue would have been moot.
The Confederate battle flag is a powerful symbol with a complex and divisive past, as evidenced by the tragic shootings in Charleston the other day. I will never deny someone from being proud of their Confederate soldier ancestor, as they fought a hard war for a cause they believed in, or other reasons they believed in as much as their Union counterparts. However, we live in a different era, where segments of our society have different feelings towards that flag and what it means to them.
Unfortunately, one cannot escape the reality that the flag symbolized an army fighting for a government established, in part, for the perpetuation of slavery. Further, it became a symbol of hate and oppression used by a minority of people to intimidate blacks, thus coloring the collective population of the South by the actions of a few. Not all Southerners are racists, just as not all Southerners owned slaves. However, the perceptions cast by the use of the flag and its history since the end of the war stand in contrast to its use by soldiers in the Confederate Army.
Now that the SCV has lost the battle in Texas, only time will tell as to how other states will respond regarding their already-issued SCV plates and the display of the Confederate battle flag in public. Confederate symbols will continue to elicit controversy, but this does not mean that they should be eliminated from our awareness, as they can be tools for educational purposes, whether presenting on Confederate soldiers, or the post-war history of the South, the good, bad, and ugly.
With that I will leave you with a poll and welcome any thoughts you would like to share, provided they are civil, regarding this case and the Confederate flag.