Federal appeals court hears challenge to school's Confederate flag ban

By The Associated Press

12.11.00

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CINCINNATI — A federal appeals court is set to decide whether Madison County, Ky., school officials can ban students from displaying the Confederate battle flag at school.

The judges, who heard arguments on Dec. 7, did not say when they would rule on the case. Attorneys said they expect a ruling in about a month.

The appeal comes after a lower court dismissed the case challenging the school board's policy.

The 6th U.S. Circuit Court of Appeals heard oral arguments from attorneys representing the school system and Timothy Castorina, a former Madison Central High student who was suspended twice in 1997 for wearing a T-shirt featuring the Confederate flag.

The school board's attorney, Will Fogle, argued that the board should be able to dictate student dress to prevent disruptions. U.S. District Judge Henry Wilhoit said as much in his 1999 ruling that dismissed the suit, Fogle said.

But Castorina's attorney, Chad Sayre, argued that Wilhoit was wrong to dismiss the suit and said wearing the Confederate flag represents speech protected by the First Amendment. Sayre also said school officials did not prove that the T-shirt would cause a disturbance in the school, which has a student population that is 9% black.

The Southern Legal Resource Center is paying Castorina's legal fees. The North Carolina-based organization is an advocacy group for the Confederate flag, said Kirk D. Lyons, the center's chief attorney.

Dress codes banning the Confederate flag are discriminatory, Lyons said, because black students are allowed to wear clothing bearing African symbols and honoring figures such as Malcolm X.

"It's a racist assumption that black students can't show the same level of tolerance from someone wearing symbols they don't like," Lyons said. "Students should have a right to wear the flag that honors their Confederate ancestors."

Some members of the Sons of Confederate Veterans, an organization made up of descendants of Confederate soldiers, came to hear last week's arguments and said they would take the case to the U.S. Supreme Court if necessary.

Update

Federal appeals panel reinstates student's suit over suspension for Rebel flag shirt
Judges say school’s enforcement of dress code policy ‘gives the appearance of a targeted ban.’  03.13.01

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Kentucky students sue for right to wear Rebel symbol
Teen-agers and their parents say school officials seek to deprive students of their civil liberties by barring T-shirts bearing the Confederate flag.  02.17.98