Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Education Law

William & Mary Bill of Rights Journal

Journal

2002

Articles 1 - 1 of 1

Full-Text Articles in Law

The Long Shadow Of The Confederacy In America's Schools: State-Sponsored Use Of Confederate Symbols In The Wake Of Brown V. Board, Kathleen Riley Feb 2002

The Long Shadow Of The Confederacy In America's Schools: State-Sponsored Use Of Confederate Symbols In The Wake Of Brown V. Board, Kathleen Riley

William & Mary Bill of Rights Journal

Critics of Confederate symbols have become increasingly vocal in recent years, forcing state and local governments to reevaluate their use of such symbols in public settings. This Note tracks the proliferation of Confederate symbols in American society since the 1950s, arguing that such use of these symbols, especially in the realm of public schools, stands in violation of the Constitution. Particularly, the Note analyzes the viability of possible legal remedies to school-sponsored racism based on the lack of government free speech rights, Thirteenth Amendment protections against "Badges of Inferiority," and Fourteenth Amendment claims under the Equal Protection and Due Process …