How appropriate as we observe the sesquicentennial of the Civil War: the Virginia Division of the Sons of Confederate Veterans (SCV) is suing the City of Lexington for its ban on the display on non-official flags from the city’s lampposts.
Lexington is a quaint college town in the lower Shenandoah Valley, less than an hour north of Roanoke. Due to its association with both Stonewall Jackson and Robert E. Less (both men lived in Lexington, one before and the other after the war), it has become a mecca for both Civil War enthusiasts and history buffs alike.
In response to complaints received after the SCV hung Confederate battle flags on the city’s lampposts last year on Lee-Jackson Day, the Lexington City Council voted to ban the display of all flags except those of the United States, Commonwealth of Virginia and City of Lexington. Among the other flags that will also be banned from public lampposts are those of Washington and Lee University and the Virginia Military Institute, both of which are located in Lexington.
At issue is whether the city ordinance violates the First and Fourteenth Amendments and also whether it violates a 1993 federal court order forbidding the city to prevent SCV members from displaying the Confederate flag in public parades. SCV members contend that political correctness is also afoot in the city council’s actions:
Walter “Doc” Wilmore, wearing a necktie featuring the Confederate battle flag, said he is a member of Camp 1296. He traveled from Lexington on Thursday to attend the news conference and protest the ordinance, which he said is clearly unconstitutional and meant to appease a few at the expense of many.
“This political correctness just drives me nuts,” Wilmore said.
There is no denying that, whether pride or bigotry, the Confederate flag is a flashpoint for controversy as it evokes strong emotions for a number of Virginians. Yet, the Constitution also serves to protect controversial speech, so does Lexington’s ordinance violate the SCV’s member’s rights? The city attorney doesn’t think so:
“The key is that the city did not target Confederate flags, although clearly eliminating those was the driving force in its decision. Instead, it abolished all flags from city-owned poles beyond the official flags of specific government entities.”
In the meantime, we should reconsider a modest proposal Bearing Drift put forth two years ago, and that we recently proposed once again as a way to acknowledge the rich history of our Commonwealth and to remember the sacrifices made by all Virginians during our nation’s darkest hour.
