The courts have ruled on the side of free speech as the piece has stated the following: " the courts have recognized he had a First Amendment right to display the Confederate flag as a reflection of his Southern heritage and traditions that he viewed as important."
"Clearly this man had no case, and the city just wanted it to go away."
Clearly you have NOT read the entire article as he certainly DID have a case, and the courts have ruled in his favor.
The courts have ruled on the side of free speech as the piece has stated the following: " the courts have recognized he had a First Amendment right to display the Confederate flag as a reflection of his Southern heritage and traditions that he viewed as important."
That's exactly why the $4500 is the least of the city's problems, and why this case is far from over. And now the city has admitted in court what their policy is. Now that the civil complaint is settled, it's time for the criminal charges:
United States Code, U.S Criminal Code, Title 18, Section 242:
Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Section 241: Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
NOW it gets interesting.
I didn't see in the article where the courts ruled in his favor. I saw where he reached a settlement with the city. He got a paltry $4,500, which probably didn't cover the cost he incurred in bringing the suit.
He can show all the Confederate flags he wants on his own time. But in my opinion when he parks in the city lot, at (presumably) taxpayer expense, the city can ask him to take off the flag if they want him to.