Texas SCV V. Federal District Court Case Study

Picture if you were treated differently by a flag that was flown, this can happen in our country at anytime. The confederate flag was flown as a symbol for the southern states in the civil war for keeping their culture which included slavery. The confederate flag should not be flown because it is offensive, symbol of hate, and racist.

The outlining issue here is the Confederate Flag and its perception amongst the Alabama population. Debating on whether the flag should be taken down in respect to citizen who are offended because of its close relation to the history of slavery in America. The opposing side felt that it is a part of southern/the south’s history, pride and should be honored. Also, the opposing side feels that with other issues happening in the community; this debate is not something that should take priority over what they believe were severe matters.

The Confederate flag has engendered controversy among the people of the United States. After the Charleston church shooting of June this year, the Confederate flag flying in South Carolina's capitol has brought about more attention when pictures of the gunman posing with the flag were exposed. Less than a month later, a ceremony was held to finally remove the flag, where more than 10,000 people stood by cheering it on. In more recent news, a law has been proposed to eliminate the flag indefinitely by prohibiting its use. Through this law, we are slowing fighting the racism in this country.

Nine people were killed in a church in south Carolina. The killer a several pictures that showed him with the confederate flag. So the South Carolina government voted to take down the flag.This caused a lot of debate. I believe that the confederate Flag stands for bravery in what you believe in. I think that the government is overreacting with this whole situation.

The Police of Harris County was informed of a weapons disturbance in a private residency. The officers found two individuals of the same sex engaging in sexual, (sodomy), behavior. However, the way the police officers enter the premises, was not at all questioned.

LICENSE TO REJECT: Pending and future vanity license plate decisions in light of Walker v. Tex. Div., Sons of Confederate Veterans, Inc.

Texas v. Johnson took place in 1989. The historical significance of the Supreme Court’s decision is that the burning of an American flag is a protected form of speech under the First Amendment. The case originated after Johnson burned the United States flag during a protest. Johnson was arrested, sentenced to one year in prison, and fined $2,000. Johnson appealed his case to the appeals court in Texas but lost. Johnson’s case then went to the Court of Criminal Appeals in Texas which lead to the overturning of Johnson’s conviction.

When SVC sued the Chairman John Walker II and the members of Texas Department of Motor Vehicles Board he claimed that the licenses plates were private speech and not government speech and was violating his First Amendment right. The District Court ruled in favor for the Board, however when SVC appealed, the Fifth Circuit the ruling was reversed and held SVC’s claim that license plates are private speech an said that the Board “engaged in constitutionally forbidden viewpoint discrimination when it refused to approve SCV’s design” (Walker v SVC). Then The U.S Supreme Court held 5 to 4 “Texas’s specialty license plate designs constitute government speech, and thus Texas was entitled to refuse to issue plates featuring SCV’s proposed design” (Walker

The Mississippian flag has been the cause of much unrest in the States, and an argument has arisen. On one side, they think that the Confederate flag being part of the Mississippi flag is a memorable ensign, that represents a virtuous service of the men who fought for the rights of their state, and that they should be able to keep the flag to represent that. The other side of the fight says that flag represents white supremacy, and a history of hate towards black people. In Clarksdale, Mississippi, Mayor Bill Luckett chose to take down the flag from it’s post. He isn’t the only one, for people in other cities including Columbus, Starkville, and Hattiesburg have chosen the take down the flag. Among the people fighting against the flag, is the

How a Texas court would rule on this argument is unclear. The TDI states on its website that a non-participating provider is not entitled to prompt pay penalties, even if the claim is paid more than 30 days after submission. Although the court in Emerus explicitly rejected the TDI’s position, a Texas court could give it more credence. Texas courts apply deference to agency interpretations of law; however, such deference is generally reserved for official agency action, after notice-and-comment rulemaking, not remarks on the agency’s website. See Railroad Commission of Texas v. Texas Citizens for a Safe Future & Clean Water, 336 S.W.3d 619, 624-25 (Tex. 2011) (giving deference to Railroad Commission’s interpretation of the phrase “public interest” as manifested in a final order following a formal adjudication); see also Retirement Board of Policemen’s Annuity & Benefit Fund of the City of Chicago v. Bank of New York Mellon, 914 F. Supp. 21d 422, 429 (S.D.N.Y. 2012) (holding that statements posted to Securities Exchange Commission’s website were not entitled to deference). Additionally,

MARSHALL, Texas – The Ladies came back from a two-set deficit, but the Maroon and White could not recover from a strong start in the deciding set by the Tigers as Centenary (2-3) fell to East Texas Baptist (4-1) 25-23, 25-22, 22-25, 25-27, 15-7 Tuesday night, September 5.

The Confederate flag after the civil war went from being viewed as the Confederate states battle flag to a flag representing racism. “This “rebel flag” has been displayed as a symbol of racist defiance by Ku Klux Klansmen and others…” (3). The Confederate flag was always debated if it should be flown over state building and buildings “In 1938, the legislature passed a measure, sponsored by Union County representative John D. Long, that mandated that the Confederate battle flag—along with the U.S. and South Carolina flags—be displayed behind the speaker’s desk in the House Chamber” (4). The debate of whether or not their Confederate flag should be flown over state building has been argued since the late 1800’s and early 1900’s and it was only recently brought back up.

I will get straight to the point; upon dropping off my son to foot practice at The Williams Sheffield Regional Park, I noticed a Confederate flag being flown from a truck in the parking lot. Needless to say, I was appalled and outraged by the flag, considering the negative connotation and recent publicity behind the flag. Not only do I find the flag offensive, it is completely disrespectful to African-American Families who have their children enrolled in the association.

There’s a fine line and often confusion between when the government is speaking and when the government is creating a forum for private speech by individual citizens. In Walker v. Texas Division, Sons of Confederate Veterans, Inc. the Supreme Court clarifies and establishes a progressive and wider realm of what constitutes as government speech. The facts of the case are as follows; the Texas division of the Sons of Confederate Veterans (Texas SCV), a nonprofit group that continuously works to preserve the memory and reputation of Confederate soldiers that fought during the Civil War, applied for a specialty license plate issued by the Texas Department of Motor vehicles (Texas DMV). The design of the custom plate submitted by Texas SCV featured two confederate flags, one in the organizations logo and an additional faded flag making up the

On June 17, 2015 Dylan Roof committed horrific and heinous acts of murder. He murdered nine blacks and injured one more. He said that he wanted to do this to “ignite a race war”. This act ignited a fire storm of criticism of the Confederate Flag and gave us the opportunity to bring the discussion to the forefront. However, the actual flag he’s holding and the one that is not only incorporated into state flags, but that was risen was one of the Battle Flags of Northern Virginia. The flag that was risen in 1962 in South Carolina. Many individuals felt that the civil rights movement and the ruling in Brown v. Board of Education were ridiculous and used the Confederate flag as a form of protest. The ruling ruled that “separate but equal” was unlawful