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Student files lawsuit over confederate flag ban.
Southern Legal Resource Center ^ | Dec 17, 2004

Posted on 12/19/2004 11:15:53 PM PST by DixieOklahoma

originally from spofga.org but can be found on georgiaheritagecoalition.org also.

Student files suit against school board

The Southern Legal Resource Center

News Release For additional information contact the SLRC at 828.669.5189/slrc@slrc-csa.org

For immediate release Friday, December 17, 2004 Student files suit against school board In Confederate prom dress case

LEXINGTON, KY – A young woman who was turned away from her high school prom because she was wearing a Confederate flag patterned evening gown will hold a press conference Monday after she files suit against the school board and officials who kept her out. Jacqueline Duty, a 2004 graduate of Russellville High School, is asking actual and punitive damages against the Russell Independent Board of Education, Superintendent Ronnie H. Back and Russell High Principal John Howard. The suit will be filed Monday in U.S. District Court in Lexington.

Following Monday’s filing, a press conference will be held at 1 p.m. on the steps of the U.S. Courthouse, 101 Barr Street. Ms. Duty will make a brief statement, as will her attorney, Earl Ray Neal, and officials of the Southern Legal Resource Center of Black Mountain, North Carolina, whose Chief Trial Counsel will act as co-counsel.

Former SLRC client Timothy Castorina, successful plaintiff in a landmark Sixth U.S. Circuit case that struck down a ban on Confederate-themed clothing in schools, is also expected to attend the press conference. Neal and Lyons/SLRC represented Castorina in the 5 ½ year court struggle

“Ms. Duty was intimidated and humiliated on what should have been one of the happiest nights of her young life by some very overzealous and wrong-headed people,” said SLRC Executive Director Roger McCredie. “She is entitled to vindication and we will work to see that she gets it.”

Earl Ray Neal is an attorney and adjunct Law Professor in Richmond, KY

The Southern Legal Resource Center is a nonprofit law firm that advocates on behalf of persons whose civil and constitutional rights have been violated in connection with expression of their Confederate heritage.
# # # # #

FOR ADDITIONAL INFORMATION, CONTACT: Roger McCredie (828) 669-5189 exec@slrc-csa.org rebscape@charter.net

--------

ahem Timothy Castorina, successful plaintiff in a landmark Sixth U.S. Circuit case that struck down a ban on Confederate-themed clothing in schools, is also expected to attend the press conference



That school district is in some deep do-do, and rightfully so.


TOPICS: Culture/Society; US: Kentucky
KEYWORDS: battleflag; confederacy; confederate; confederateflag; dixie; dress; lawsuit; prom; promdress; scv; thewarsoveryoulost
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To: John O
Wearing it on dresses, or bikinis, or using it as a modern political symbol diminishes this position. I'm not really sure that I can make this judgement without pictures ( Well someone had to do it!)

Seems a reasonable enough request. But a trip to Panama City, Florida or Biloxi, MS over Spring break would offer you better opportunities for hands-on research.



41 posted on 12/20/2004 1:09:48 PM PST by archy (The darkness will come. It will find you,and it will scare you like you've never been scared before.)
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To: Colonel Kangaroo; stainlessbanner
Secession was just a horrible choice that injured the good people of our country of both North and South and produced an environment that was conducive to activities of scoundrels in both Blue and Gray.

Er, that doesn't seem to have been the position of the Union Federal government when several counties of Virginia chose to seceed from their parent state, and side with the unionists as the new state of West Virginia....

United States Constitution Article IV, Section 3

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

Since the existance of the secessionist state of West Virginia has been found to have been constitutionally permissable, the parent state of Virginia must not have been a State of the Union at the time....

42 posted on 12/20/2004 1:17:54 PM PST by archy (The darkness will come. It will find you,and it will scare you like you've never been scared before.)
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To: cvn76

Your words would certainly get your ass kicked down South. My advice is that you ALWAYS stay in California and protect your fellow fruits and nuts.


43 posted on 12/20/2004 1:31:17 PM PST by ohioman
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To: laotzu

regarding your blathering......

"Well, then it must be true."

"There's a safe bet. You will never understand."

let me clarify the acronym for you so you aren't so likely to sarcastically "diss" others.

i=in
m=my
h=humble
o=opinion

get it? my opinion..... look up the words if you don't.

frankly, i'm always tempted to just crush these nazi white power b..tard's heads who that look at my asian/caucasian son askew at the harley events we attend.

so perhaps you'll never understand.

how about we just leave it at that?



44 posted on 12/20/2004 1:37:15 PM PST by cvn76 (F=GMm/r2 this actually works!!!)
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To: oioiman

the confedrates fought against a massive murdering horde known as the Union Army. The southern states fought because they were invaded, If my wife and children were raped and murdered by a massive murdering force which endorced a 'scorched earth' policy in regard to civilians I would fight back too. you coward.


45 posted on 12/20/2004 1:40:22 PM PST by DixieOklahoma (Alabama - in 2006 vote ROY MOORE governor! - don't let us down!)
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To: cvn76
i'll never understand why otherwise good people would defend it.

it is an in your face racial statement (at least out here in calif)

Unless you hail from a southern state I don't really know why you would fly the confederate flag or put it on your vehicle.

Where I am from (the south) the confederate flag is not a racial statement. It however, the state flag of:

Mississippi as well as Georgia.


As you can see, the republican governor perdue desecrated the state of georgia by runing on a platform to give the people a vote on this flag (after 1 term governor barnes made his own flag for georgia without giving them a vote).

What perdue gave them was a chance to vote on the flag barnes gave them and another one that (slightly) resembles a little known confederate national flag. The flag that was stolen from them was not on the referendum.

However a pre-filed bill includes a referendumb for the correct and real flag of georgia in 2006. the liar perdue will have no choice but to sign this bill.

The state flags of Florida, Alabama and Arkansas all resemble the confederate flag.

It is a statement that the south is different socially and culturally than the rest of the nation. And we reserve the right to remain socially and culturally unique. It is also a reminder that we have fought with our own blood the right to remain southern.

The flag itself also flys in several state capitals, and until 2000 actually flew over the state capital building in south carolina... Now instead of flying on the top of the capital building it flys on a huge poll right on the capital lawn!

46 posted on 12/20/2004 2:16:26 PM PST by DixieOklahoma (Alabama - in 2006 vote ROY MOORE governor! - don't let us down!)
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To: DixieOklahoma
now consider this:

SCV supports Jaqueline Duty Confederate Prom Dress Lawsuit to be filed in Federal court in Lexington, KY

Press Release - December 17, 2004 - For Immediate Release

This past May Jacqueline Duty, an attractive honor student in Russell, Kentucky, prepared to attend prom night wearing a special dress she had designed herself. It was a classically cut strapless sheath, ankle-length with a shallow slit on one side, and sewn completely out of beaded sequins. And it tastefully incorporated a symbol of her Southern heritage; a Confederate Battle Flag turned upwards so that the starry blue arms of the St. Andrew’s Cross appeared to lay across the dress as a sash would.

What was supposed to be a most special night turned to horror, though, as her civil rights were grossly violated by the school principal, who prevented Jacqueline from even getting out of her car, yelled at her, threatened her and had police force her away simply for expressing pride in her Southern heritage.

“ ‘Justice and equality for all’ includes Southerners”, said Don Shelton, spokesman for the Kentucky Division, Sons of Confederate Veterans. “The support we provided for Castorina v. Madison County School Board helped make that point abundantly clear with the ruling made by the federal 6th circuit court. The support we’re providing for Jacqueline Duty should convince school systems that civil rights for Southern students is still a serious issue.”

The Kentucky Division, Sons of Confederate Veterans is offended by school administrators who think that Southern students don’t have the same constitutional rights as others. The SCV is aware of a number of school situations in Kentucky where the civil rights of Southern students are being violated by fiat or policy. Our message to school administrators is to obey the law and respect the rights of all students or face the inevitable legal consequences. Our message to the students and parents is that help is available. For more information go to www.kyscv.org.

The suit will be filed 1 p.m. Monday, December 20th at the federal courthouse in Lexington, KY. There will be a press conference at that time on the courthouse steps.

For further information contact:

Don Shelton Kentucky Division, SCV Heritage Defense Chairman
(859) 885-3248
(859) 396-4308
sheltonreb@qx.net
www.kyscv.org/heritage.htm

This brings the total plaintiffs in the case to 3 I believe. The Southern Legal Resource Center (SLRC), The Kentucky division Sons of Confederate Veterans, and of course the lovely lady wearing the dress in question
47 posted on 12/20/2004 3:13:06 PM PST by DixieOklahoma (Alabama - in 2006 vote ROY MOORE governor! - don't let us down!)
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To: ohioman

pretty pathetic of you bud, you know nothing about me. nothing.

so why don't you drop the punk ass, tough guy (never really have to back it up) talk.

my work takes me to fla., la., ala. etc and no one has tried yet "to kick my ass". but who knows.... maybe someday they will try.

screw you and your advice....i go where i want and say what i want.

next time add something to the discourse rather than trash
talk. otherwise bioya.


48 posted on 12/20/2004 3:20:27 PM PST by cvn76 (F=GMm/r2 this actually works!!!)
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To: DixieOklahoma

i may not have the same historical perspective since i live out west. so i withdraw some of the "bite" to what i said.

however, out here in the west this flag does mean something different, as the people i observe wearing it DO NOT appear to be well versed in history.


49 posted on 12/20/2004 3:40:06 PM PST by cvn76 (F=GMm/r2 this actually works!!!)
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To: cvn76
never seen one near where i live on a bmw/expedition/chrsyler/corvette/toyota etc...

Well I suggest you stay out in California then. BTW, three of the five vehicles you just named aren't worth driving. And yes I can afford them, I just choose not to waste my money on something that's going to be in the shop more than on the road. But keep stereotyping. You're doing a 'fine' job of representing the northern opinion

50 posted on 12/20/2004 3:40:26 PM PST by billbears (Deo Vindice)
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To: billbears

thanks for your opinion on cars but i'm not in the market for another year or so.

if i had the pic of the bunny with a pancake on his head i'd post it for you though, since i don't know what stereotyping you are talking about.

if you rotate your map -90 degrees you will see that california is west, not north.


51 posted on 12/20/2004 3:52:34 PM PST by cvn76 (F=GMm/r2 this actually works!!!)
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To: lentulusgracchus

Where my people came from, East Tennessee, the people were against secession. The whole state voted it down in January, 1861. But the state legislature and governor disregarded the will of the people and cut ties to the Union and invited the Confederate army into the state. Maybe I don't know about other states, but in Tennessee secession was a creation of the moneyed slave interests of Middle and West Tennessee. They later held an election to ratify their irregular action, but an election with an army in the midst is open to question. Even with Tennessee being occupied by alien forces, East Tennessee still voted to remain loyal to the Union. Abraham Lincoln had no greater friends that the loyal Union people of East Tennessee and the people of East Tennessee had no greater friend and champion than Abraham Lincoln who always sought to liberate East Tennessee from its oppressors.


52 posted on 12/20/2004 4:16:33 PM PST by Colonel Kangaroo
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To: DixieOklahoma

awesome gown!!


53 posted on 12/20/2004 7:58:38 PM PST by PistolPaknMama (And unto us a Child is born! Merry Christmas, dear FReepers!)
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To: Arkinsaw
the Confederate battle flag is a soldier's flag, a solemn remembrance, and a historical symbol. Wearing it on dresses, or bikinis, or using it as a modern political symbol diminishes this position

The way I see it, anyone who wears this on anything is a soldier. Certainly this young lady was.

Do you propose relegating it to a back room in a museum as an historical symbol? I ask this seriously because I am familiar with your posts and know where your heart is. Same place as mine.

54 posted on 12/20/2004 8:05:13 PM PST by PistolPaknMama (And unto us a Child is born! Merry Christmas, dear FReepers!)
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To: PistolPaknMama
Do you propose relegating it to a back room in a museum as an historical symbol? I ask this seriously because I am familiar with your posts and know where your heart is. Same place as mine.

Well, we have a law here in Arkansas that it is illegal to desecrate the Confederate battle flag or use it for any purposes other than honoring the Confederate soldier. This was passed a long time ago, primarily to try and cut down on its spreading use as an advertising symbol.

The law is, of course, not worth the paper its written on due to 1st Amendment considerations.

But my sentiment is that it is a solemn symbol that represents soldiers who carried it across battlefields and should not be used for bikinis, or to sell beer, etc.

I think it should be displayed in museums, cemeteries, battlefields, historical reenactments, parades, and memorials. It also has a defacto role as a symbol of the South as a region and can, in my mind, be displayed in a respectful manner at public Southern cultural events, and on private property, bearing in mind its primary purpose as a representation of the historical Confederate soldier.

It is perfectly acceptable for it to be displayed on public property and at State and local public buildings in this context since it was State and local government that sent many of these soldiers into battle on their behalf and thus owe them at least a modicum of respect. (despite their distancing themselves from these facts in the modern day).

I'm not trying to be a hard-case, and I've got nothing against most displays. Its just my view that too many have adopted the Confederate flag as nothing more than a symbol of personal rebellion in the vein of Calvin peeing on a Chevy symbol. When its displayed, we should just keep in mind that it should be an honorable display.
55 posted on 12/20/2004 8:28:10 PM PST by Arkinsaw
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To: PistolPaknMama

Of course, in this particular case, I would imagine that the majority of Confederate soldiers would not be displeased to see the young lady in it.


56 posted on 12/20/2004 8:30:27 PM PST by Arkinsaw
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To: oioiman

"Patriotic? She is wearing the colors of an enemy force that was determined to rip apart our nation. And don't give me that tired old "states rights" crap. The Confederate States sought an ending to the unity that eventually saved the world thru 2 world wars. Please......................"

From your studies of the laws and history of this nation, do the individual states have the right to secede?


57 posted on 12/20/2004 8:40:46 PM PST by OldEagle (Haven't been wrong since 1947, except about Hillary.)
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To: Colonel Kangaroo
Where my people came from, East Tennessee, the people were against secession.

I'm aware of that, and also that most of the people in the mountain counties up and down the Appalachian chain, all the way down into the Alabama Hills, were Union, or tended toward Union sympathies. The folks in western North Carolina tried to secede from the state and institute a "Republic of Mayland". The folks in the mountain counties of Virginia had better luck -- they got Abe Lincoln's connivance at the unconstitutional sundering of a State of the Union (under Abe's theory, anyway, Virginia was still in the Union and protected from arbitrary division by Article IV of the Constitution).

The whole state voted it down in January, 1861.

As did, initially, the legislatures of Missouri, Kentucky, North Carolina, and the secession convention of Virginia.

But the state legislature and governor disregarded the will of the people and cut ties to the Union and invited the Confederate army into the state.

That isn't what happened. The legislature voted in favor of secession, but their vote was nothing but a beauty contest, because they were not a convention of the people as the secession conventions were in other States. What happened is that the people of Tennessee voted on June 8, 1861, to secede from the Union, by more than 2:1. The vote was 104,913 to 47,238. That's more than 152,000 votes cast.

.....in Tennessee secession was a creation of the moneyed slave interests of Middle and West Tennessee.

No, it wasn't. It was the creation of 104,913 voters who had heard enough.

They later held an election to ratify their irregular action, but an election with an army in the midst is open to question.

Guess you must have a pretty low opinion of the 1864 Northern election that returned "The Rail-Splitter" for a second term, then.

Even with Tennessee being occupied by alien forces, East Tennessee still voted to remain loyal to the Union.

Good for them. They lost the election, however, and the State of Tennessee went with the Confederacy.

Abraham Lincoln had no greater friends that the loyal Union people of East Tennessee and the people of East Tennessee had no greater friend and champion than Abraham Lincoln who always sought to liberate East Tennessee from its oppressors.

Guess you feel that breaking faith with their fellow citizens in western Tennessee was small potatoes, then. Not like anyone had a claim of fidelity on anyone else, or anything.

And Abraham Lincoln was a very dubious emancipator for anyone in the South who wasn't a member of the business class or a member of the Republican Party. He warred down 13 States of the Union (according to his theory) under a spurious theory that purported to give him authority to overmaster the People by armed violence and dictate to them.

If you still think you were on the winning side of the Civil War, just sit down with your community leaders and put together a new representation plan for aldermen or city council members in your community without going on bended knee to the Civil Rights Division of the Department of Justice first. See what happens. See if you can hold an election. See if you are free.

Smell the coffee, man.

58 posted on 12/20/2004 8:51:13 PM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: Arkinsaw; stainlessbanner; 4ConservativeJustices; nolu chan; TexConfederate1861; stand watie
Its just my view that too many have adopted the Confederate flag as nothing more than a symbol of personal rebellion in the vein of Calvin peeing on a Chevy symbol. When its displayed, we should just keep in mind that it should be an honorable display.

So you would object to the young woman's choice of pattern on grounds of good taste, whereas the other people arrived at the same conclusion, but from premises of political correctness instead, that require what the Romans called damnatio memoriae for all Confederalia, and all persons tainted (in their view) by association, except where publicly repudiated, with the Confederate past.

My own personal opinion is that this particular bit of PC is ill-disguised regional chauvinism emanating from the notoriously metrosexual and Leftist editorial dens of The New York Times, and reverse racism being whipped up as an election-season bloody shirt by professional race-issue politicians.

But your bottom line is, she should have gone home, I take it.

This story got on the local TV news in Houston today, btw.

59 posted on 12/20/2004 9:03:33 PM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: lentulusgracchus
Just because something has a Confederate flag on it does not automatically qualify it as an appropriate display. Just because we have people who are opposed to any display does not mean that we must support every display in response.

I base my decisions on what I think is an appropriate display by remembering that a great many good men died carrying it across the battlefield.

I'm not going to display one with a big bass on it, or Hank Williams Jr.'s picture in the middle of it, or a Harley on it. I'm not going to try to sell hot sauce by putting it on the label and I'm not going to wear it as underwear. And I'm not going to apologize to you for it either.
60 posted on 12/20/2004 9:31:26 PM PST by Arkinsaw
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