1628 (1943) (prohibiting forced salute and pledge of flag). Because the ensuing discussion of the flag controversy does not appear to have been necessary to the disposition of the case, we conclude that it is properly construed as dicta. 873 (1954) ("Brown I"), and, a year later, the Court ordered that the desegregation of public schools proceed "with all deliberate speed." 2d 830 (1967); Creek v. Village of Westhaven, 80 F.3d 186, 193-94 (7th Cir. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. We addressed a similar argument in NAACP v. Hunt, 891 F.2d 1555 (11th Cir.1990), in which a group of African-American plaintiffs challenged the flying of the Confederate flag above the Alabama capitol dome. In finding the requisite discriminatory impact, the Court relied on the fact that in certain Alabama counties at the time of the litigation, "blacks are even by the most modest estimates at least 1.7 times as likely as whites to suffer disenfranchisement" under the challenged section. See Board of Education v. Barnette, 319 U.S. 624, 640, 63 S.Ct. § 50-3-1. 1994) (discussing racial disparities in sentencing).

Introduced as the General Assembly was considering the flag bill, the Interposition Resolution passed both houses over a single dissent. change. The debate over the flag legislation in the two houses of the General Assembly focused on the upcoming Civil War centennial, the cost of changing the flag, whether the designer owned a copyright in the flag, and whether, because the Confederate battle flag belonged to all Southern states, it was an appropriate symbol for the state flag of Georgia. See Palmer v. Thompson, 403 U.S. 217, 224, 91 S. Ct. 1940, 1945, 29 L. Ed. 1991). at 248, 106 S.Ct. Roughly forty years after the passage of the flag statute, appellant brought this action under 42 U.S.C.

Professor Carter concluded that "the well-known symbolic role of the flag at the time makes it difficult for me to imagine that this action was anything but an attempt to bolster the morale of those Georgians struggling to maintain white supremacy." 1990), in which a group of African-American plaintiffs challenged the flying of the Confederate flag above the Alabama capitol dome. Introduced as the General Assembly was considering the flag bill, the Interposition Resolution passed both houses over a single dissent. He must first demonstrate that the flying of the Georgia flag produces disproportionate effects along racial lines, and then must prove that racial discrimination was a substantial or motivating factor behind the enactment of the flag legislation. Hunter, 471 U.S. at 228, 105 S.Ct. He has pointed to no government action that "requires affirmation of a belief and an attitude of mind."

One member of the 1956 Assembly, however, insists that the flag was adopted as a symbol of resistance to integration. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct.

56(e). The General Assembly added the state seal to this flag in 1902, and this combination of the Confederate national flag emblem and the Georgia state seal remained the official flag of Georgia until the current flag design was adopted in 1956. We recognize that a government action may in some instances violate the Constitution because it encourages private discrimination. James Mackay, who was a member of the General Assembly in 1956, testified that "there was a movement across the South: `Let's adopt the Confederate battle flag as a symbol of resistance to the law of this land.'"

The current flag design was adopted during a regrettable period in Georgia's history when its public leaders were implementing a campaign of massive resistance to the Supreme Court's school desegregation rulings. See Reitman v. Mulkey, 387 U.S. 369, 380, 87 S.Ct. Professor Carter concluded that "the well-known symbolic role of the flag at the time makes it difficult for me to imagine that this action was anything but an attempt to bolster the morale of those Georgians struggling to maintain white supremacy." at 1562. Atty.

Dan Carter, a professor of Southern History at Emory University testified that "[b]y the mid-1950's, the Confederate battle flag had become the single most important symbol of white supremacy and defiant opposition to federally mandated laws on non-discrimination."

Appellant next argues that the Georgia flag violates his First Amendment rights by compelling him to endorse a message that he finds morally objectionable.

Similarly, a government cannot force individuals affirmatively to acknowledge a message with which they disagree. Hunter, 471 U.S. at 228, 105 S.Ct. Roughly forty years after the passage of the flag statute, appellant brought this action under 42 U.S.C. v. Barnette , 319 U.S. 624 ( 1943 ), Brown v. Board of Education , 347 U.S. 483 ( 1954 ), Brown v. Board of Education , 349 U.S. 294 ( 1955 ), Reitman v. Mulkey , 387 U.S. 369 ( 1967 ), Palmer v. Thompson , 403 U.S. 217 ( 1971 ), Wooley v. Maynard , 430 U.S. 705 ( 1977 ), Hunter v. Underwood , 471 U.S. 222 ( 1985 ), Anderson v. Liberty Lobby , 477 U.S. 242 ( 1986 ), Celotex Corporation v. Myrtle Nell Catrett, Administratrix ... , 477 U.S. 317 ( 1986 ), Victor Underwood and Carmen Edwards, for Themselves and All ... , 730 F.2d 614 ( 1984 ), national-association-for-the-advancement-of-colored-people-naacp-a , 891 F.2d 1555 ( 1990 ), larry-joe-martin-cross-defendant-counter-claimant-maryland-casualty , 935 F.2d 235 ( 1991 ), david-lucas-willie-davis-jr-connie-cater-corlis-mckenzie-ronnie-t , 967 F.2d 549 ( 1992 ), United States v. Marvin Byse , 28 F.3d 1165 ( 1994 ), J. Fred Creek v. Village of Westhaven , 80 F.3d 186 ( 1996 ), Briggs v. State of MS , 331 F.3d 499 ( 2003 ), Michelle Heinkel v. School Board of Lee County ( 2006 ), Donald Spenlau v. CSX Transportation , 279 F.3d 1313 ( 2002 ), James Andrew Coleman v. Zell Miller, Governor, State, ... , 127 F.3d 42 ( 1997 ), harllee-gargiulo-nt-gargiulo-lpregency-packing-co-gadsden-tomato-co , 131 F.3d 995 ( 1997 ), Matthew Dixon v. Coburg Dairy, Incorporated, Equal ... , 369 F.3d 811 ( 2004 ), cn-individually-and-as-guardian-ad-litem-of-jn-a-minor-lm , 430 F.3d 159 ( 2005 ), Stanley J Daniels v. Harrison County Board of Supervisors ( 1996 ), Daniels v. Harrison County Bd.

But because the Confederate battle flag emblem offends many Georgians, it has, in our view, no place in the official state flag. Id. Ralph S. Goldberg, Decatur, GA, Pro Bono Appointment, for Plaintiff-Appellant. The mere fact that appellant may on some occasions be required to enter public buildings that fly the Georgia flag does not infringe upon his First Amendment rights because entering public buildings does not manifest any particular attitude or belief and does not associate appellant with the flag's message. Nevertheless, the court continued to examine all of the claims on the merits.


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