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Old 12-22-2004, 11:28 PM
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Teen sues over Confederate flag prom dress

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LEXINGTON, Kentucky (AP) -- A teenager is suing her school district for barring her from the prom last spring because she was wearing a dress styled as a large Confederate battle flag.

The lawsuit filed Monday in U.S. District Court claims the Greenup County district and administrators violated Jacqueline Duty's First Amendment right to free speech and her right to celebrate her heritage at predominantly white Russell High School's prom May 1. She also is suing for defamation, false imprisonment and assault.

"Her only dance for her senior prom was on the sidewalk to a song playing on the radio," said her lawyer, Earl-Ray Neal.

Duty, 19, is seeking actual and punitive damages in excess of $50,000.

She said she worked on the design for the dress for four years, though she acknowledged that some might find the Confederate flag offensive.

"Everyone has their own opinion. But that's not mine," she told reporters outside the courthouse. "I'm proud of where I came from and my background."

Duty, now a college student, said school officials told her before the prom not to wear the dress, but she didn't have another one and decided to see if administrators would change their minds.

According to her lawsuit, she was met outside by two police officers and principal Sean Howard. She said the principal intimidated her by striking the vehicle she was in.

School offices were closed Wednesday. Superintendent Ronnie Back did not immediately respond to a call to his home seeking comment.

The Sons of Confederate Veterans has promised to help pay some of her legal expenses.

Link to article.


Unfortunately (in this case), the first amendment does protect her right to wear a flag that symbolizes oppression, racism, hate, and basically one of the ugliest periods in US history.
Nice fashion statement.
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Old 12-22-2004, 11:43 PM
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They didn't stop her from wearing the dress. They just stopped her from wearing the dress at the prom. She was allowed the free speech, she just has consequences from that, and that was to miss the prom.
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Old 12-22-2004, 11:57 PM
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Right, but was it legal to ban her from entering the prom? I mean, unless her boobs were hanging out she wasn't breaking dress code...hm.
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Old 12-23-2004, 12:01 AM
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I know my high school's dress code was that you weren't allowed to wear clothes that were revealing or offensive. A confederate flag could be considered offensive and I think she has no right to sue. They warned her before the prom. She didn't listen, so it's her own fault.
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Old 12-23-2004, 12:02 AM
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Originally posted by 86amanda86
Right, but was it legal to ban her from entering the prom? I mean, unless her boobs were hanging out she wasn't breaking dress code...hm.
Considering what that flag represents to alot of people they do have the right. They could have had a serious incident with something like that and its best to just get rid of it before anything happens.

People at her age should have enough common sense not to do stuff like that. A prom is a privilege to attend, not your right.
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Old 12-23-2004, 12:09 AM
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I agree with you, I'm just wondering if legally they had the authority to do that. I'll ask my dad. He speciallizes in this type of thing.
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Old 12-23-2004, 01:03 AM
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Originally posted by TokyoNiGHTS
Considering what that flag represents to alot of people they do have the right. They could have had a serious incident with something like that and its best to just get rid of it before anything happens.

People at her age should have enough common sense not to do stuff like that. A prom is a privilege to attend, not your right.
Exactly. She had to have known how offended many would feel over her choice of attire.

She writes about having pride in her heritage but I can't understand why she would have pride in that particular aspect of it. The South believed in the legalized slavery. How is that something to be proud of?
It's like wearing a dress with a swastika symbol.
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Old 12-23-2004, 01:05 AM
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Free speech is NOT an absolute right in a school. Student newspapers are subject to censorship, and her dress should fall under the same principles.

Besides the whole legal aspect, I think she's a ****ing idiot for making a Confederate flag dress. Seriously, who raises their kids this way?

rubydh18 - I LOVE your avatar. Hee.
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Old 12-23-2004, 01:37 AM
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Think of it if someone wanted to turn up in a Nazi swastika, should they be allowed to do that? Of course not. A lot of people consider the Confederacy on the same level.

We had people not allowed to go to our formals, so its done, but then again we're not quite a litegous society as America is (we're getting that way though)

Besides the offensive issues, isn't it actully disrespctful to wear a flag as an item of clothing? I know it is with the American flag (of course the shirt I'm wearing has the American flag on it), so I'd assume the same "rules" apply for the Confedercy flag.
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Old 12-23-2004, 03:11 AM
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I think that the school made the right decision in not allowing this girl to wear a dress styled as a Confederate battle flag. The Confederate Battle Flag represents a society that advocated slavery and racism, and I don’t think someone should be allowed to wear a dress made from such a flag at a school sponsored event.
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Old 12-23-2004, 03:59 AM
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Originally posted by TokyoNiGHTS
Considering what that flag represents to alot of people they do have the right. They could have had a serious incident with something like that and its best to just get rid of it before anything happens.
You have to realize though in the South the Confederate flag is a symbol of heritage not hate.

And, honestly if the Confederate flag should be banned because of racism attached to it then so should Old Glory. Old Glory is still our national flag even though it flew when the seperate but equal clauses and Jim Crow laws were in effect. I believe of course in Old Glory being able to be flown freely. As well, I believe those that choose to fly the Confederate flag should be able to do so.

In regards to this girl I think she should have be able to wear the dress to the prom.
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Old 12-23-2004, 04:32 AM
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Originally posted by WalkingOnSunshine
You have to realize though in the South the Confederate flag is a symbol of heritage not hate.

And, honestly if the Confederate flag should be banned because of racism attached to it then so should Old Glory. Old Glory is still our national flag even though it flew when the seperate but equal clauses and Jim Crow laws were in effect. I believe of course in Old Glory being able to be flown freely. As well, I believe those that choose to fly the Confederate flag should be able to do so.

In regards to this girl I think she should have be able to wear the dress to the prom.
Really? I'm from the South (Texas) and usually it's regarded as a representation of racism and hate. She has to realize that to most the Confederate flag represents oppression and slavery.

The responses on this thread should prove that most people consider the Confederate flag as a symbol of hatred.

She has the right to wear whatever she wants and I have the right to call her an inconsiderate jerk. She's either too dumb to realize how offensive her dress is or she's a bigot.
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Old 12-23-2004, 05:36 AM
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Quote:
Originally posted by WalkingOnSunshine
You have to realize though in the South the Confederate flag is a symbol of heritage not hate.

And, honestly if the Confederate flag should be banned because of racism attached to it then so should Old Glory. Old Glory is still our national flag even though it flew when the seperate but equal clauses and Jim Crow laws were in effect. I believe of course in Old Glory being able to be flown freely. As well, I believe those that choose to fly the Confederate flag should be able to do so.

In regards to this girl I think she should have be able to wear the dress to the prom.
I understand what it represents to other people. But to some it represents something very bad. For something where people are meant to have a good time like the prom, the last thing that should be brought up is a race issue. That's exactly what that dress would've done, whether she realised it or not. It's not like this is some kind of unknown thing, everyone knows that alot of people find that offensive. As someone said, it would be the same thing if someone wanted to come in wearing a big swastika, or black panther symbol on their jacket or dress. If you want to do something like that, go to a place that allows it. A prom doesn't have to allow you to express stuff like that. A proms meant to be fun.

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Originally posted by WalkingOnSunshine I agree with you, I'm just wondering if legally they had the authority to do that. I'll ask my dad. He speciallizes in this type of thing.
I think they do have legal grounds on it. Simply because whether she realises it or not, they were protecting her. There's no telling what bad stuff could've went on had she made it in that school. I think the police realised that.
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Old 12-23-2004, 06:20 AM
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Quote:
Originally posted by WalkingOnSunshine
You have to realize though in the South the Confederate flag is a symbol of heritage not hate.

And, honestly if the Confederate flag should be banned because of racism attached to it then so should Old Glory. Old Glory is still our national flag even though it flew when the seperate but equal clauses and Jim Crow laws were in effect. I believe of course in Old Glory being able to be flown freely. As well, I believe those that choose to fly the Confederate flag should be able to do so.

In regards to this girl I think she should have be able to wear the dress to the prom.
First off, if you told your child not to play with fire, but he or she refused to listen and got burned anyways, would you sue the fire for burning the kid?

No. So why should she sue? This girl, and I assume she had a mental capacity equal to her age, was told beforehand not to wear the dress, and she did. So she should deal with it.

As for..."Old Glory," that flag doesn't represent a society that willingly detatched itself from another on the basis that it still wanted to continue slavery.

Which is the key point here.

Racism still exists, it exists everywhere and it is the stupidest thing ever. So even though our flag did fly during a time when racism was much more open than it is now, (becaue it still exists) it still has never represented slavery.

Which the confederate flag does.



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Old 12-23-2004, 06:25 AM
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I asked my dad and he said that both parties were within their rights. The girl has a right to sue but the school had a right to make the call if they thought it would cause a disruption. He said the south and especially the courts in the south are big into tradition and rules, so his guess is she won't get a dime.
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