Bob SparksFor all of Charleston, S.C.’s attractiveness, history will always record that the Civil War began there 154 years ago when rebels fired on Fort Sumter. The institution of slavery was the foundation of the conflict.
History will also record that on June 17, 2015, a young gunman slaughtered nine good people in a racially motivated attack. White supremacy was the stated foundation of the murders.
Any caring individual would want all nine, whose last moments on earth were filled with unspeakable terror and violence, to rest in peace. We would also want the perpetrator to feel the full brunt of either South Carolina or federal law, whichever has the toughest penalties.
The forgiveness and love exhibited by families and neighbors of the victims is beyond remarkable. It exceeds our normal level of comprehension. Their faith also demonstrates a true belief in the teachings they received throughout their lives at the Emanuel AME Church in Charleston or elsewhere.
On the same day, President Obama sadly began talking about gun control, which would have done nothing to prevent the tragedy at Emanuel. However, he redeemed himself with a stirring eulogy at the memorial service for the nine victims.
With the victims laid to rest, the focus now shifts to the Confederate flag. Calls range from removing the flag from public property, to criminalizing possession of it, or entirely eradicating it.
Some are not waiting for the legislative process to take its course. On June 27, Bree Newsom from Charlotte, N.C., scaled the 30-foot flag pole and removed the Stars and Bars from the state capitol grounds in Columbia, S.C. She was arrested.
Five days before Newsom’s act of civil disobedience, South Carolina Gov. Nikki Haley sent a strong signal to her state and the nation. She called for the permanent removal of the flag Newsom managed to take down for just a few minutes.
“It’s time to move the flag from the capitol grounds,” Haley said at a press conference. The governor also provided the model for going forward.
“For those who wish to respect the flag on private property, no one will stand in your way,” said Haley. “But the statehouse is different. The events this past week call on us to look at this a different way.”
During his eulogy, Obama called out Haley for her leadership with the audience rising to applaud both the president and the governor. This sounds like some common ground.
Haley is absolutely right and her call mirrors what then-Gov. Jeb Bush did in Florida in 2001. Bush removed the Confederate flag from the Capitol and had it placed in the Florida Museum of History.
It is perfectly legitimate to have the flag placed in a museum as part of our country’s history. Flags flying on public property should be the flag of this country and the flag of the state. At the same time, any individual must retain the right to fly it on their property if they wish.
It is easy to understand the hurt felt by those who see a symbol of oppression sanctioned by their government and flying on public property. We should also understand the feelings of those who wish to honor those who gave their lives fighting for their flag.
The U.S. Supreme Court has weighed in on flags. In 1989 justices ruled individuals can desecrate, burn, stomp upon, or pretty much do what they wish to the American flag as a manner of free speech.
It is quite painful for those of us with ancestors and relatives who gave their lives for this country and the Stars and Stripes to watch it go up in flames by those, including fellow Americans, who hate what we stand for. But we must live with it because the First Amendment is greater than our personal offense.
Once the Confederate flag comes down from public property and placed in museums, those offended by the flag must live with the First Amendment rights of private individuals to fly it on private property.
In a related matter, the Supreme Court ruled last month in the Walker v. Sons of Confederate Veterans (SCV) case. The SCV sought to have the Confederate flag on a specialty Texas license plate.
Texas had rejected the plate, but the Confederate descendants won at the 5th Circuit Court of Appeals. The Supreme Court ruled 5-4 that Texas had the right to regulate what goes on government license plates. Justice Clarence Thomas sided with the four liberal members to provide the majority.
This should leave little room to challenge any state decision on where and how to display the Confederate flag. A critical moment in the history of the Stars and Bars is upon us.
Bob Sparks is a business and political consultant based in Tallahassee. Column courtesy of Context Florida.
