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Confederate Flag and Student Speech

The Confederate flag continues to generate controversy and impassioned debates with implications for the First Amendment.


Here are some cases at the federal appellate level that involved First Amendment speech issues and the Confederate Flag:

  • Hardwick v. Heyward (4th Cir.)(2013)

Hardwick v. Heyward (4th. Cir. 2013) ruled that public school officials did
not violate the First Amendment rights of a public school student who wore
Confederate flag t-shirts.

  • Melton v. Young (6th Cir.) (1972)

Melton v. Young (6th Cir. 1972) represents a time a court had to grapple
with the troubling question of the First Amendment and Confederate flag
clothing in public schools.

  • West v. Derby Unified School District (10th Cir.) (2000)

West v. Derby Unified School District (10th. Cir. 2000) ruled that
suspending a high school student for drawing a Confederate flag did not
violate his First Amendment rights.

ABOUT US

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The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement.

freespeechcenter@mtsu.edu

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