Federal appeals court affirms dismissal of flagstaff suit

By The Associated Press

05.23.01

Printer-friendly page

JACKSON, Miss. — The 5th U.S. Circuit Court of Appeals agreed May 21 with a lower court's decision to dismiss a civil rights lawsuit against the University of Mississippi stemming from the school's ban on flagstaffs at sporting events.

The ban on flagstaffs in 1997 essentially ended the waving of Confederate battle flags during football games at Vaught-Hemingway Stadium, a longtime tradition that some found offensive and outdated.

Southern heritage advocate Jim Giles brought the suit against Ole Miss and the State College Board in 1999 claiming the ban restricted free speech.

But the U.S. District Court in Greenville dismissed the suit last year, and the appeals court in New Orleans affirmed that ruling.

"We conclude that the ban on flagstaffs did not impinge on expressive conduct protected by the First Amendment," the court wrote.

Opponents of the Confederate flag say it is a reminder of slavery and used by hate groups. Supporters say it represents southern heritage.

In an April referendum, Mississippi voters retained the state flag with its Confederate symbol rather than replace the emblem with a blue field with 20 white stars.

Related

High court refuses to hear First Amendment appeals
Justices let stand rulings on cases ranging from corporate rumors to Confederate flag-waving to protest limits.  10.02.01