The Sons of Confederate Veterans[1]
have decided to appeal the loss of their lawsuit challenging the city of
Lexington’s decision to disallow the flying of the Confederate flag from city
light poles.[2]
The civil rights group the Rutherford Institute indicated
their appeal in U.S. District Court in Roanoke on Wednesday. The institute will
be appealing to the 4th U.S. Circuit Court of Appeals in Richmond.
In June, U.S. District Court Judge Samuel Wilson threw out
the lawsuit filed by the Sons of Confederate Veterans, concluding that
Lexington’s alleged reasons do not override the content-neutral nature of the
ordinance.[3]
The government of Lexington essentially banned all private
displays, allowing only flags that represent government to appear on light
poles.
If the Sons of Confederate Veterans were fighting to display
the Confederate flag on private possessions, the sons would clearly have a
winning case. However, the issue that the sons are filing their lawsuit over
has, as mentioned above, to do with flying the Confederate flag on public
possessions, an equally clear losing battle.
Arguing that the city of Lexington’s policy is “viewpoint
discrimination” clearly misses the point. The Confederate flag is not a
government flag and cannot therefore be flown on public possessions. It is a
policy created by Lexington to prevent “viewpoint discrimination.”
The lawsuit seems more like a publicity stunt than an actual
struggle for the right to free speech.
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