September 1, 2016
Washington Post
California bans painting of Civil War battle from County Fair art show, because painting includes Confederate battle flag

California Government Code § 8195 provides that “The State of California may not sell or display the Battle Flag of the Confederacy, also referred to as the Stars and Bars, or any similar image, or tangible personal property, inscribed with such an image unless the image appears in a book, digital medium, or state museum that serves an educational or historical purpose.” Read narrowly, this would be constitutional: The California Legislature is generally free to decide what speech the state engages in.


Case: Desmond v. Harris et. al.

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