Is the confederate flag banned in schools

HISTORY & BACKGROUND

The Confederate flag carries a long history and its meanings are hotly debated. 

CIVIL WAR

The American Civil War was fought because, among other things, the northern and southern states disagreed on the question of whether to abolish slavery. In 1860 and 1861, eleven southern states seceded from the rest of the country and formed the Confederate States of America, led by Jefferson Davis and General Robert E. Lee. 

Sometimes known as the Southern Cross, the Rebel flag, or the Dixie flag, the design of the Confederate flag as we know it today is the ‘Stars and Bars’ pattern adopted by the Confederate Congress in 1861. However, contrary to popular belief, this flag was only used by the military for less than a year, then was replaced with a battle flag that wouldn’t be confused with the Union stars and stripes on the battlefield. Because ‘The Stars and Bars’ was first Confederate national flag, it came to represent the Confederacy in later years.

  LATER YEARS

After the Civil War, the flag was mostly used in historical films like Gone With The Wind. In the 1950s and 60s, the Confederate flag reappeared as a symbol of opposition to the civil rights movement. To some, the flag is a symbol of southern heritage and rural values. To many, however, the flag is symbolic of racism, segregation and white supremacy –– and it has sparked antagonism in schools across the country. Today, it shows up on ball caps, belt buckles, t-shirts, blue jean jackets, and is flown from the beds of pickup trucks. 

The Flag as Speech

According to the Supreme Court, student speech is protected under the First Amendment, though not as much as adult speech. ‘Speech’ can include expressive conduct, like flying a flag or wearing a flag on clothing. 

Schools have the authority to shut down speech that is likely to cause a substantial disruption to the learning environment. This disruption could be fights between students, arguments that take away from class time, or anything else that gets in the way of a student’s ability to learn. The school doesn’t have to prove that this disruption actually happened, just that it could see that a disruption might happen. Normally, to censor speech based on the Confederate flag, the school must show that a disruption could foreseeably happen, and it would be caused by the flag.

If the school has a history of racial tension (fights breaking out, racial slurs being used, etc.), wearing the Confederate flag could foreseeably cause a disruption. Even before a fight happens, it’s easy for the school to predict that bringing the flag into a tense environment could cause a disruption. So, the school can ask students to change their clothes or take the flag down from cars parked in the school parking lot.

The Flag as Intimidation

In some cases, students have displayed the flag to intentionally intimidate others. For example, in one school, students hung the Confederate flag in a hallway on the same day new African-American students were admitted. The school could punish the students for this speech because such intimidation would get in the way of the African-American students’ ability to have a safe learning environment.  

Any School Can Shut Down This Speech

Even if there is no history of fights or intimidation in your school, it’s likely any school can stop students from displaying the flag. There have been far too many incidents of violence and tension around the country involving the flag. For example, in August 2017, members of a white nationalist movement displayed the flag to protest the removal of a statue of Robert E. Lee in Charlottesville, Virginia. The demonstration turned violent, causing the city to go into a state of emergency. Because of this history, a school could decide that even wearing the Confederate flag on school grounds could create a risk of substantial disruption.

Even though students do have a right to free speech, schools have a responsibility to ensure that all students feel safe in their schools. If a school feels like students wearing the Confederate flag could in any way disrupt that, it can ban the Confederate flag.

Today’s batch of burning questions, my smart-aleck answers and the real deal:

Question: I am writing to you today to ask if any inquiries have ever been made about why the Confederate flag is allowed on public school campuses? What is the current policy? What is Asheville City Schools’ policy? Is the flag allowed on clothing? Can students carry one around?

My answer: I do like starting the week off with a mundane, non-controversial topic. You're welcome.

Real answer: The Confederate flag issue at schools re-emerges periodically, and is usually hotly contested because it's tied up in free-speech issues and Southern heritage arguments, as well as its symbolism of slavery and racism. In fact, the Citizen Times wrote about it last December after students at Erwin High School wore clothing with Confederate flag imagery and an African American student found it offensive.

In a nutshell, as Citizen Times reporter Brian Gordon wrote, "The student dress code still implicitly allows Confederate symbols: Unless the district deems the symbol disruptive, it is permitted as students’ free expression."

I reached out to Buncombe County Schools spokeswoman Stacia Harris for a primer on the system's policies regarding the Confederate flag, and she said the system has two policies relevant to this reader's questions. The first, Policy 4316, refers to the dress code.

"Essentially, any dress or grooming standards that a student and his/her parents find acceptable are not a violation," Harris said. "This is in keeping with another significant policy surrounding protected free speech, Policy 4315. A student’s right to free speech will not be infringed upon; however, administrators may place reasonable, constitutional restrictions on time, place, and manner in order to preserve a safe, orderly environment."

Confederate flag display issues in schools have resulted in numerous court cases over the years, with Constitutional rights taking center stage.

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"Our administrators adhere to the practice of allowing students to express their First Amendment right to free speech so long as it does not significantly disrupt or compromise the learning environment," Harris said. "For example, students whose religious beliefs do not include participating in the Pledge of Allegiance, National Anthem, or other patriotic observances are not required to participate in daily patriotic observances as long as their behavior is not disruptive."

What students wear "can also be considered a form of speech," as Harris noted, citing the "Tinker Standard," established by the U.S. Supreme Court. In a nutshell, the Tinker Standard says students have First Amendment and free speech rights, as long as they do not disrupt learning or create issues with other students.

"Following the guidance of the U.S. Supreme Court (the “Tinker” standard), schools use the standard of disruptive or non-disruptive in order to decide how to respond in these situations," Harris said. "As long as an act of expression is not disruptive to the school day, administrators do not get involved."

"If an act is disruptive, administrators are encouraged to work with the student and parents to modify behavior to help classmates and staff remain focused on teaching and learning in our buildings," Harris continued. "While schools do have the option to administer school discipline in some situations, it’s more productive to collaborate with students and families and turn the incident into a learning opportunity."

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At Asheville City Schools, spokeswoman Ashley-Michelle Thublin answered.

"We do not have a specific policy regarding Confederate flags; however, in accordance with Board Policy 4316, any item of clothing that causes others to feel unsafe or substantially disrupts our educational community is prohibited," Thublin said via email. "If a student is not in compliance with our school dress code, they will be given a reasonable period of time to make adjustments."

"As stated in Board Policy 4300, our students are entitled to exercise their constitutional right to free speech; however, school officials may place reasonable restrictions on 'time, place and manner in order to preserve a safe, orderly environment," Thublin continued.

This is the opinion of John Boyle. To submit a question, contact him at 232-5847 or

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