North Carolina School Board Rejects Ban on Confederate Flag

In February 2017, the Orange County Board of Education in Hillsborough, North Carolina, voted not to ban the Confederate flag from school property. The decision came despite two requests from the local NAACP and concerns from some parents and students. Instead of a ban, the board created an equity committee aimed at preventing hate speech and intolerance in its schools.

Why the Board Said No

Banning a specific symbol at public schools raises serious legal questions. In the landmark 1969 case Tinker v. Des Moines, the U.S. Supreme Court ruled that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Schools can limit expression that causes a real and substantial disruption, but courts have often been skeptical of blanket bans on a viewpoint or symbol. By choosing a broader policy against harassment rather than banning one flag, the Orange County board took a more careful approach.

Hillsborough’s Deep History

Hillsborough is one of the oldest towns in North Carolina, with a history stretching back to colonial days. During the war, Orange County sent many of its young men into Confederate service, and the area played a role in the war’s final days. In April 1865, General Joseph E. Johnston negotiated the surrender of the largest remaining Confederate army with General Sherman at the Bennett Place near Durham, just a few miles away. Johnston had his headquarters near Hillsborough during those talks.

Heritage and Free Expression

For many families in rural North Carolina, the Confederate flag is part of their family history. North Carolina sent more soldiers to the Confederacy than almost any other state and lost more men than any other. The Orange County board’s decision recognized that a school can work against bullying and hate without taking away students’ right to express their heritage.

Read more about school flag disputes in Why We Will Never Ban the Confederate Flag Here and The North Carolina Republic, 1861–1865, and browse our Confederate flag collection.

Source: U.S. News / AP: North Carolina School Board Rejects Ban on Confederate Flag

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