November 12, 2013 | CUNY School of Law
A piece from Distinguished Professor Ruthann Robson is featured on the London School of Economics blog. According to the introduction, “Although the Civil War was more than 150 years ago, some leftover tensions from 1865 still persist. Ruthann Robson argues that the courtroom is one such battlefield for these conflicts, examining cases regarding the rights of students to wear the Confederate flag to school.” Robson writes:
The Confederate flag, like most flags, is recognized as symbolic speech, and as such is protected. Constitutionally, the government cannot generally prohibit wearing or displaying the Confederate flag, but no constitutional rights are absolute. Although an adult wearing a Confederate symbol when walking down a public street has a great deal of constitutional protection, a child sitting in a classroom has much less.
Prof. Robson is an expert on constitutional law and sexuality issues and is the co-editor of the Constitutional Law Professors Blog. Her latest book is Dressing Constitutionally: Hierarchy, Sexuality, and Democracy From Our Hairstyles to Our Shoes.