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Why Texas Is Wrong and South Carolina Is Right on the Confederate Flag

The Confederate flag outside the South Carolina capitol grounds
The Confederate flag outside the South Carolina capitol grounds
Lee Rowland,
Policy Director,
NYCLU
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July 22, 2015

This piece originally appeared at on washingtonpost.com.

The 勛圖眻畦 joined calls this month for the state of South Carolina to unhook the Southern Crossa Confederate battle flagfrom the flagpole at the state capitol and permanently remove the flag from the seat of its government. When the flag , we applauded. South Carolina, its governor, legislature and citizens got it right: making a decision, as a state, to change its message, and making that change via the democratic process.

But when the Supreme Court had its chance to weigh in on the Confederate flag debateand protect the First Amendment rights of Texans who wanted to display it on their cars license platesthe Court got it wrong.

The Texas Department of Motor Vehicles offers a program that allows individuals to personally design, produce, purchase and display a specialty message of their choosing. Currently, the state of Texas issues plates celebrating Texas realtors, the University of South Carolina (yes, really) and Dr. Peppernone of which is an official message of the Lone Star State: Theyre customized messages of, by and for private citizens. And when the state opens up a platform for private speechas it has done here, to anyone wholl pay the required additional feeit cant pick and choose who gets to speak.

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