The California state assembly has passed a new law that will be prohibit the selling or displaying items with an image of the Confederate flag. We have previously discussed the disciplining of students and others over the display of this flag as protected speech. In the same way, this bill raises serious constitutional questions and could trigger a court fight.
Assemblyman Isadore Hall, D-Compton secured a 72-1 vote in favor of the new law. It would not prohibit the display in educational or museum settings. However, it would prevent people from displaying the flag on state property which would presumably include parks. Hall said that he took the action after his mother saw replica Confederate money being sold at the state Capitol gift shop.
The amended bill is quite vague on key terms. It states:
SECTION 1. Section 53.5 is added to the Civil Code, to read:
53.5. (a) The State of California may not sell or display the Battle Flag of the Confederacy, also referred to as the Stars and Bars, or any similar image, or tangible personal property inscribed with such an image unless the image appears in a book that serves an educational or historical purpose.
(b) For purposes of this section, “sell” means to transfer title or possession, exchange, or barter, conditional or otherwise, in any manner or by any means whatsoever, for consideration. “Transfer possession” includes only transactions that would be found by the State Board of Equalization, for purposes of the Sales and Use Tax Law, to be in lieu of a transfer of title, exchange, or barter.
This removes problematic language in the original version but leaves a lot of questions. Here is the original language:
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53.5 is added to the Civil Code, to read:
53.5. (a) A person The State of California may not sell a Confederate flag or display the Battle Flag of the Confederacy, also referred to as the Stars and Bars, or any similar image, or tangible personal property inscribed with the such an image of a Confederate flag on property owned or operated by the state unless the image appears in a book that serves an educational or historical purpose.
(b) For purposes of this section, all of the following apply:
(1)“Person” means any individual, partnership, firm, joint stock company, corporation, limited liability company, association, trust, estate, or other legal entity.
(2)“Sell” section, “sell” means to transfer title or possession, exchange, or barter, conditional or otherwise, in any manner or by any means whatsoever, for consideration. “Transfer possession” includes only transactions that would be found by the State Board of Equalization, for purposes of the Sales and Use Tax Law, to be in lieu of a transfer of title, exchange, or barter.
Hall insisted that the flag is a symbol of racism that should not be allowed to be displayed. The Southern flag is clearly insulting to many people due to its historical associations. However, it is also a simple of Southern heritage and sacrifice. Robert E. Lee himself identified with the flag while rejoicing in the end of slavery. He stated:
In this enlightened age, there are few I believe, but what will acknowledge, that slavery as an institution, is a moral & political evil in any Country.
So far from engaging in a war to perpetuate slavery, I am rejoiced that slavery is abolished. I believe it will be greatly for the interests of the South. So fully am I satisfied of this, as regards Virginia especially, that I would cheerfully have lost all I have lost by the war, and have suffered all I have suffered, to have this object attained.
Respected scholars like Civil War historian Shelby Foote have noted that the flag traditionally represented the South’s resistance to Northern political dominance. As discussing in PBS interview, he was sensitive to how many of his friends viewed it as a symbol of racism but he did not share that view. Others view it as a symbol of state’s rights or Southern culture or opposition to speech codes or politically correct sentiments. The point is that, if some flags are allowed, there are a variety of symbols that are viewed as offensive by different groups.
So the question is what happens when people want to display this symbol while others are displaying other flags viewed negatively by other groups from Free Tibet to the PLO to Israel to China. It sounds a lot like content-based censorship.
The bill was amended to exclude non-government employees and businesses from the ban to address some of these concerns. It would also not ban the display for educational or historical reasons in textbooks. To the extent that it only affects government speech, the state is on stronger ground to be sure, but I am still unclear on the wide array of displays organized by the government with citizens or groups. Even with the wise exclusions, there would appear a myriad of circumstances where state employees would be presented with a conflict in barring the display not just on a flag but in other forms containing this symbol. Those specific conflicts could present an interesting challenge to the new law.
Source: CBS
its sad im flying mine indefinately heritage not hate . if that flag offends you go back and read your history . dont we have bigger problems to deal with , matter of fact this is the same vibe in witch this flag was made i would want to secede too against a government such as ours , im a veteran and served and am embarrased to fly the stars and stripes i choose st andrews cross witch has been mistaken by idiots as a confedrate flag . so you wanna ban what . idiots
I will now display the Confederate Flag more often now!
Ban this flag! What will be next?
The purpose of all states is to provide a means for the richest guys to protect their economic interests. The rich guys who controlled the State governments in the South wanted to protect their economic interests that included slaves as property. The rich guys who controlled the State governments in the North wanted to protect their economic interests, which included taxing the Southern States in order to pay for “internal improvements” in the North as well as restrict foreign competition for their “emerging industries.” When these interests could not be reconciled in Washington, D.C. under the “social contract” that States from both factions had entered into voluntarily (several with caveats that they could indeed secede at a later time if the Constitution didn’t work out), then secession was the peaceful and legitimate (consent of the governed/Tenth Amendment) course chosen by the Southern rich guys to protect their economic interests. The CSA was no libertarian haven; indeed, it was still a means to provide control by the most concentrated economic interests.
However, the central mitigating factor in this conflict has not been mentioned directly. That is: Who invaded whom? Any discussion of the purpose behind an aggressive act (especially war) must center on the purpose of the aggressor, not the aggressed. The party being aggressed against must be able to defend against that aggression if there is to be any sense of justice. The argument that slavery may have been the “why” behind secession does not make it the “why” as to the aggression that subsequently occurred is very pertinent. That not a peep about wanting to free slaves was mentioned while the opposite offer of maintaining slavery was made by Lincoln before invading the Southern States; that the Emancipation Proclamation had an out clause that Southern States could keep their slave institutions if they would just stop rebelling; and that Lincoln constantly assured the slave owning States that remained in the Union he would not interfere with their slave owning if they continued to support his war are all most telling.
To suggest that Lincoln and his racist rich guy clients in the North had some benevolent purpose in mind to “free the slaves” when they invaded the Southern States instilling a policy of genocide against the Southern civilian population is intellectually dishonest. Indeed, it is a myth created by the victors to provide comfort from the evil effects of murdering, raping and pillaging that harmed blacks as well as whites in the South to a self-righteous Northern population. How could self-anointed crusaders otherwise maintain an air of superiority to this day without upholding the shibboleth of “evil slave owning southerners deserved everything they got and that’s why we did what we had to do.”
The naïveté inherent in believing politicians and their sycophant intellectuals who come up with crusading propaganda long after they have made a decision to murder for money like common thugs, especially in order to soothe one’s ego, is all too prevalent today. Just because the propaganda has been around for a very long period of time is no excuse for ignoring the truth.
Freedom of speech means you can speak freely. Duh. Sticks and stones may break my bones but names will never hurt me. I wonder if I have the right to say things you don’t like? Try this: Monica Lewinsky. So there.
There was a black gangster crowd out in Los Angelos that used to wear Confederate Flags on their biker jackets. If anyone has a photo of those guys it would be fun to see. This was in the 80’s.
Everyone picks a symbol for everything – if the one picked isn’t my symbol, then why should I own it. Maybe I might just like the look of one, no political attachment – nothing more. People are that way with hair styles, shoes, etc. – I do not go around saying such styles makes me unhappy because it reminds me of another time or present situation. I resent someone telling anyone what they can say or see. A thing of beauty is a joy forever – live with it
Thank you Tom Blanton for your comments. It frustrates me whenever I hear a sanctimonious Yankee proclaim what the Army of Northern Virginia Battle Flag symbolizes to them on a personal level while simultaneously displaying their complete lack of historical reference. The original context of the flag has been all but lost in these discussions courtesy of the guilt ridden, grievance mongers that are quick to define its significance to suit their purpose. It is a far more complex issue than flag=slavery=bad. Thank you for the history lesson and the depth of your comments. Well done sir.
Frank: “do some basic reading before you come on here and bash the Confederate American flag.”
I’m so sick of people insulting me as if I haven’t done some basic reading on this.
Lots of people owned slaves. Not all of them supported secession and war to fight for it.
I actually think it’s as silly to ban the sale of flags as it is to ban the burning of them.
But that doesn’t change the fact that the confederate flag represents a group of people who started a war over slavery. Just like the Nazi flag represents racism, so does the confederate flag, no matter what Shelby Foote, or Frank, says.
Supak – I really do not want to hurt your feelings, but I would take the word of Shelby Foote over yours on this subject any day. And the war started with South Carolina, acting as an independent nation, firing on Fort Sumter, where US troops were lodged on its nation’s land.
As long as I can buy a confederate flag somewhere for my annual confederate flag burning on November 15th every year (150th anniversary this year), I’ll be good.
In the mean time…
“Respected scholars like Civil War historian Shelby Foote”
Foote is a confederate apologist.
“the flag traditionally represented the South’s resistance to Northern political dominance”
And that resistance was over what? See The Cornerstone Speech.
“he was sensitive to how many of his friends viewed it as a symbol of racism”
Sensitive how? By denying that is is a symbol of racism?
“Others view it as a symbol of state’s rights or Southern culture”
State’s rights to what? Own slaves. Southern culture of what? Owning slaves. Southern heritage of what? Owning slaves.
“opposition to speech codes”
Like not advocating for slavery.
“politically correct sentiments”
Like opposing slavery.
“if some flags are allowed, there are a variety of symbols that are viewed as offensive by different groups”
A variety of offensive symbols do not exist because some flags are allowed. They exist because someone did something that made them offensive. Like the holocaust. Or a war to defend slavery.
“It sounds a lot like content-based censorship”
Do you oppose Germany’s ban of Nazi symbols? Some people say they’re just a celebration of their German heritage.
All the rest of you can save your breath; we’ve just come down this road.
I want to hear the Professor’s answers.
Supak – you have expended a lot of breath there, so the rest of can chime in as we want. That is how this blog works. Historically, you are dead wrong. Emotionally, you are waving the bloody flag of slavery, which we should all bow to, but you have yet to deal with the US flag that supported slavery in the North until the 13th Amendment. And until secession supported slavery in both the North and South. You get rid of one, you should get rid of the other.
If they outlaw flags only outlaws will have flags.
If any flag is totally banned, those who formerly used it will just make another one to symbolize their cause.
Just seems like the douche bag morons out on the left coast might want to pick up a history book on occasion. First of all, that flag is NOT the “Confederate Flag.” It is the “Battle Flag of Northern Virginia.” It has absolutely nothing suggestive of racism, slavery, hatred or white supremacy.
The stars are laid out in an X pattern, and the blue bands are put ON the thirteen stars, representing the southern states no longer wanted to be a part of the union with the northern states. Simply put, the message of flag’s design is CROSS US OUT of your Union! The southern states withdrew from the union in a movement called “secession,” which is what led to the Civil War. Anyone with a basic understanding of elementary history knows this.
And Grant himself was a slave owner longer then Robert E Lee, Grant’s wife Julia said herself she would not free her slaves and that “good help was hard to find”, Lincolns wife was a slave owner as well. George Washington was a slave owner, should we take him off US currency and ban him as well? That means the US flag is a racist symbol and should be banned as well. Really people, do some basic reading before you come on here and bash the Confederate American flag.
If Uncle Thomas were to get a job with the California Attorney General’s Office and have an office in Sacramento, then he might not be able to display his Confederate Flag on his wall or on his desk under this new law. So, if this case gets to the Supreme Court of the United States in some fashion there are some who will call for Uncle Thomas to recuse himself due to his Heritage. (I do like the term Uncle Clarence better than Uncle Thomas). Yassa boss. Anyone remember the sidekick to Jack Benny on that tv show whose name was Rochester? He was a bit of a Tom.
By the rude bridge that arched the flood
Their flag to april’s breeze unfurled
Here the cabal of traitors stood
And fired the shot heard round the world
One man’s traitor to the crown is another
man’s founding father.
Well, I’m no apologist for the Confederacy and Jefferson Davis was every bit the tyrant that Lincoln was. But, I am from the south and I know what the deal was and is. I won’t be demonized by ignorant and hateful northerners as some kind of inbred KKK redneck – especially in the face of history and the continuing racism in the north.
When there was court ordered busing in Richmond for purposes of integration, there was no violence. Years later, in the enlightened city of Boston when busing was imposed by the court as a result of Boston’s segregation, those white trash idiots rioted. And how about the stop-and-frisk program in liberal NYC that targets African-Americans and Hispanics? Is that what tolerant and enlightened progressivism has wrought? How about the racism we see in sentencing in America’s prison-industrial complex driven police state? This is the worst in big cities generally run by liberals, many actually run by liberal African-Americans.
I’ve got little patience for the selective outrage of political fools, on the left or the right. Where but in America could I attack right-wing clowns from their right and lefty dimwits from their left?
You made up some whoppers guys.
No wonder you think links is a golf course.
Run! it is a link to Dredd Blog. OMG!
It’s ok Tom, I have been taking flak for years trying to teach the truth about that time period, my sons own history teacher told me he knows he is not teaching the truth about that time period but has to teach the agenda he is told to teach, so sad we have to re write history to try not to offend. If the truth was known about Abraham Lincoln his monument would be taken down.
You are 100% correct Tom Blanton, if they only would teach the truth in our schools today instead of politically correct history.
If all the South wanted to do was keep their slaves they could have just stayed in the US, Lincoln and congress passed an ammedment making slavery a permanent institution where it already existed, north and south, all the south had to do was stay in the US and vote to pass the ammendment, anyone that knows the true history of this country knows Lincoln put a 40% tax on the South, thats why they left. If the Confederate flag is to be banned then the flag of the US should be banned, slavery flew under the flag of the US for over 70 years.