Popular speech does not need protection. The First Amendment protects unpopular speech.
“The Confederate [flag] is speech. Speech that may be unpopular in some segments of the population.
Popular speech does not need protection. The First Amendment protects unpopular speech.”
I was disappointed the SCOTUS ruled recently that vanity license plates are “government speech” and therefore not afforded First Amendment protections; i.e., the state of Texas can reject an application from the Sons of Confederate Veterans for a vanity plate containing the Confederate battle flag even if the application otherwise meets all the rules and regulations. It was even more disappointing to learn that Clarence Thomas sided with the majority in a 5-4 decision.