the tennessean - tennessee division, sons of confederate...

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[ The Tennessean editorializes on the Blount County School Case.] When flag linked to threat, school officials need to act -- Our View School officials' paramount concern must be the security of students, faculty and staff. That's why court decisions upholding a ban on the Confederate flag symbol in Blount County hold up to constitutional scrutiny. The 6th U.S. Circuit Court of Appeals recently backed officials at William Blount High School in Maryville and their decision to ban display of the Confederate battle flag. The court said the ban was justified in light of racial distur- bances at the school. The Confederate battle flag issue has become a well-known point of controversy. Some people find the symbol offensive, especially in terms of race. Others see it as a sign of heritage, not as an offensive symbol. But when the symbol is used for the purpose of posing a threat involving racial issues, there is little doubt about what the symbol means in that context, and school officials are right to act to prevent use of the symbol and to react appropriately when it is used. William Blount High School has been the scene of racial discord. The school has had a predominantly white enrollment, with less than 10 percent of the students being black. In 2005, a series of events included fights between black and white students and ended in a lockdown of the school. The school began to crack down on wearing or displaying the Confederate battle flag symbol. Three William Blount students and their parents filed suit against the county school board claiming the ban infringed on their constitutional right to free speech. The students sought a restraining order against the board, Principal Steven Lafon and Blount County Director of Schools Alvin Hord, seeking to prevent them from barring students from wearing or displaying the flag symbol. U.S. District Judge Tom Varlan denied the request, saying school officials may ban racially divisive symbols when there has been racially motivated violence. Varlan said there was evidence of numerous racially motivated incidents, including fights between whites and blacks and that there had been racially motivated threats against African-American students. He wrote that there was a "racially tense and charged atmo- sphere" at the school. Last month, the appeals court supported Varlan's ruling, throwing out a challenge brought by the three students. The circuit court panel wrote, "The school did not merely find that Confederate flag offensive to some students but rather found that in the context of high racial tensions, race-related altercations and threats of violence the flag would disrupt the school's educational process." That finding could just as well come from the court of common sense. Anyone should see that in an environment of racial tension, the use of a symbol known to exacer- bate such an environment poses a threat not only to the educational process but to security at the school. The court noted a racially motivated fight and a lockdown after graffiti threatening black students was discov- ered. It wrote, "The racist graffiti was violent in character. The graffiti contained examples of the most demeaning racial slurs, accompanied by threats against the lives of African-Americans generally, an image of a noose next to that of a Confederate flag and hit lists containing specific students' names." What more would anyone need to see that the school officials needed to act as they did? In such an environment, it would have been grossly irresponsible if the school didn't crack down. First Amend- ment arguments are important, but ...concluded on page 3... Tommy DeFoe wears the Confederate battle flag buckle that led to a ban by Blount County schools and eventually a ruling in a U.S. Circuit Court of Appeals upholding the ban.

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Page 1: The Tennessean - Tennessee Division, Sons of Confederate ...tennessee-scv.org/camp1293/sept08.pdf · point of controversy. Some people find the symbol offensive, especially in terms

[ The Tennessean editorializes onthe Blount County School Case.]

When flag linked to threat, school

officials need to act -- Our View

School officials' paramountconcern must be the security ofstudents, faculty and staff. That'swhy court decisions upholding aban on the Confederate flag symbolin Blount County hold up toconstitutional scrutiny.

The 6th U.S. Circuit Court ofAppeals recently backed officials atWilliam Blount High School inMaryville and their decision to bandisplay of the Confederate battleflag. The court said the ban wasjustified in light of racial distur-bances at the school.

The Confederate battle flagissue has become a well-knownpoint of controversy. Some peoplefind the symbol offensive, especiallyin terms of race. Others see it as asign of heritage, not as an offensivesymbol. But when the symbol isused for the purpose of posing athreat involving racial issues, thereis little doubt about what thesymbol means in that context, andschool officials are right to act toprevent use of the symbol and toreact appropriately when it is used.

William Blount High School hasbeen the scene of racial discord. Theschool has had a predominantlywhite enrollment, with less than 10percent of the students being black.In 2005, a series of events included

fights between black and whitestudents and ended in a lockdown ofthe school. The school began to crackdown on wearing or displaying theConfederate battle flag symbol. ThreeWilliam Blount students and theirparents filed suit against the countyschool board claiming the baninfringed on their constitutional rightto free speech.

The students sought a restrainingorder against the board, PrincipalSteven Lafon andBlount CountyDirector ofSchools AlvinHord, seeking toprevent themfrom barringstudents fromwearing ordisplaying theflag symbol. U.S.District JudgeTom Varlandenied therequest, sayingschool officialsmay ban raciallydivisive symbols when there has beenracially motivated violence. Varlansaid there was evidence of numerousracially motivated incidents, includingfights between whites and blacks andthat there had been racially motivatedthreats against African-Americanstudents. He wrote that there was a"racially tense and charged atmo-sphere" at the school. Last month, theappeals court supported Varlan'sruling, throwing out a challengebrought by the three students.

The circuit court panel wrote, "Theschool did not merely find thatConfederate flag offensive to some

students but rather found that inthe context of high racial tensions,race-related altercations andthreats of violence the flag woulddisrupt the school's educationalprocess."

That finding could just as wellcome from the court of commonsense. Anyone should see that in anenvironment of racial tension, theuse of a symbol known to exacer-bate such an environment poses a

threat notonly to theeducationalprocess but tosecurity at theschool. Thecourt noted araciallymotivatedfight and alockdown aftergraffitithreateningblack studentswas discov-ered. It wrote,"The racist

graffiti was violent in character. Thegraffiti contained examples of themost demeaning racial slurs,accompanied by threats against thelives of African-Americansgenerally, an image of a noose nextto that of a Confederate flag and hitlists containing specific students'names."

What more would anyone needto see that the school officialsneeded to act as they did? In suchan environment, it would have beengrossly irresponsible if the schooldidn't crack down. First Amend-ment arguments are important, but

...concluded on page 3...

Tommy DeFoe wears the Confederate battleflag buckle that led to a ban by BlountCounty schools and eventually a ruling in aU.S. Circuit Court of Appeals upholding theban.

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Gentlemen and Ladies of the SamDavis Camp --

Please allow me to publiclythank former Commander RichardRust for his thousands of hours ofeffort in support of our camp’sprojects and in his many activitiesaimed at educating our youth andpreserving the memory of ourConfederate ancestors. His recentdecision to return to his Fairviewcamp has caused me to write thismemo as your camp Commander. Iaccept and look forward to thischallenge.

My success, and moreimportantly, the continued growthof Sam Davis Camp 1293 dependsvery much on YOU. In the next fewweeks and months you will see andhear much discussion of ourcamp’s goals as we expand ourExecutive Committee. All of you arevery welcome and encouraged tojoin this effort. Bring your skillsand interests to our band ofbrothers. YOUR voice and skills arewhat will make this camp continueto be enjoyable and a reward toyour efforts as we move together tohonor our Confederate heritage.

There is much to be accom-plished as the memory of ourSouthern men continues to beattacked by those who are confusedabout the history of the Confed-eracy. We will celebrate the memoryof Confederate valor as we moveinto the fall and winter preparing tohost the 2009 Division Reunion.Come on along. We need YOU!

~~~~~~~~~~~~~

Our Executive Committee

The Executive Committee is theplanning, organization andoperating arm of any well as-sembled and functioning Camp.Sam Davis 1293 has had a smallone for years, sometimes operatingwith only phone calls or semaphorein the old days. As we launchvigorously into the 21st centuryand a renewed effort to honor ourConfederate heritage, it’s time forthis function to expand. The CampHandbook in the General Head-

quarters section of the TennesseeDivision Website is now, as theyused to say in school, “required”reading for all Sam Davis members.It is very informative and gives youan idea about how to organize yourefforts in most any category youcan imagine. We believe that use ofthis system in the Sam Davis campcan only serve to improve theexperience of all who come our wayand contribute to their retention foryears to come.

I urge you to become a part ofthis effort at re-organization. Theonly qualification is a willing heartand the desire to contribute. Lt.Commander David Eagan is theramrod of the membershipcommittee and will be spearhead-ing this effort as we go forward.Please bring your interest in theCivil War and join us. Our campexists to make your experience inour organization as rewarding andenjoyable as possible as we strive tohonor the Confederate soldier.

Larry Cockerham, Commander

Dues! Dues! Dues!

If you haven't turned in your2008- 2009 dues, please do so now.After November 1st there is a $5.00late fee imposed. Five bucks is fivebucks. Save it for a gallon of gas.

Special Thanks

Our last meeting was verygraciously hosted by three ladiesfrom our Order of the ConfederateRose contingent, a very vital part ofour camp whose presence at variousevents just makes life all the better!No better or more faithful Confeder-ates exist than Elizabeth Coker,Betty Herbert and Debbie Raymer.

Please also remember Ada Minterwith your prayers for a speedyrecovery.

Condolences Offered

Our sincere sympathies areextended to past Commander MarkChoate and Compatriot JohnBrandon Choate upon the recentpassing of their Mother andGrandmother (respectively). Pleaseremember this fine family in yourthoughts and prayers.

September 25th ~~ Sam DavisCamp meets at the WoodsonChapel Church of Christ, 7:00p.m.The Church is adjacent to theOglesby Community Center onEdmondson Pike, 1/2 block Southof the intersection of EdmondsonPike and Old Hickory Blvd.

October 11th & 12th ~~ Recruitingtable at the Bob Pope Gun Show.Come out and help the Camp grow!

October 18th ~~ Forrest Seminar,sponsored by the TennesseeDivision. See flyer in this newslet-ter.

October 23rd ~~ Sam Davis Campmeets at Woodson Chapel Churchof Christ, 7:00 p.m.

Carter House News

Sam Davis Camp CompatriotDavid Fraley is currently servingas the Interim Director of thisirreplaceable historic site, followingthe resignation of longtime DirectorThomas Cartwright. We certainlyhope the "interim" portion of the jobtitle is soon removed. No one livinghas the same level of devotion tothe men who fought and died at theBattle of Franklin which David has.He'd be a perfect custodian of theirlegacy as the permanent Director.

2009 Reunion Update

Past Camp Commander JamesTurner has agreed to Chair ourcommittee responsible for finalizingplans for the 2009 TennesseeDivision Reunion, which we willhost on the first weekend of Aprilnext year. Many elements of thisevent had been arranged for byCompatriot Rust prior to hisdeparture, but many also remain tobe worked out. This project will bethe subject of regular status reportsat camp meetings between now andthen, and in future issues of TheCourier. Your input, approval, andparticipation in the planning andexecution of the reunion is vital, soplease give some thought to howYOU can help us succeed in hostingthis event. Reunions are a lot ofwork, but also a lot of fun!

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The Sam Davis Camp workedthe Bob Pope Gun Show on August23 and 24. Mike Plumley and BillyRobertson staffed the table. Wehad many inquiries for informationabout the SCV during the 2 dayshow. We had 5 prospects sign upfor additional information on theSCV and our Camp. An informationletter was sent off to each whosigned for additional informationfollowing the Show. Each prospectwas invited to attend one of ourCamp meetings so they could learnmore about what the Sam DavisCamp is about. Additionally, BillPowell will be sending the currentedition of The Courier to each tohelp better inform them about ourCamp and our activities.

One prospect seemed verypromising as he indicated hewanted to trace his ancestor, andjoin the Camp and also get his Dadand son in as a gift to them. Mikesent the prospect a copy of the pagefrom the Army of Tennessee thatlisted the men who carried thename that he was searching. Wehope he'll join us at a futuremeeting.

Mike and Billy have worked all3 shows this year. We have gained2 new members from our work atthe Show during the course of2008. We hope we'll get severalmore new members before the yearis out. We would welcome andappreciate any Camp member whomight want to volunteer for a workshift at one of the future Shows. Weare very flexible and one could workwhatever amount of time that mightfit their schedule. The moreinvolvement we have, the betterresult we would hope to achieve.

The Next Bob Pope Show isscheduled for Oct. 11, and 12.Following that show, will be theDecember 13 and 14 show. If youwould like to volunteer to assist,please call Mike Plumley at 615-308-5529 or you may write him [email protected]. Come onout and join us. You'll be glad youdid.

School's motives questioned

In the lawsuit against BlountCounty, school officials wereaccused of banning the Confederateflag because they thought it wouldoffend some people. The schoolofficials claim that the ban isnecessary to prevent disruption toschool operations. Yet, the directorof Blount County schools statedunder oath that he would continueto ban the Confederate flag even ifhe knew that it would not cause anydisruption. He also admitted that hethinks the Confederate flag isoffensive, and that he believes thatpreventing offense, by itself, issufficient justification to ban theflag. He also said that he plans tokeep the ban in place forever unlessa court or the school board ordershim to lift the ban.

The school pointed to evidenceof general racial tension to prove itsban is necessary. The schoolproduced evidence that studentshave worn Confederate flag shirts inthe school dozens of times. Yet, notonce has such a display disrupted aclass or caused a fight.

On reviewing the evidencepresented in the Blount Countylawsuit the chief judge of the 6thCircuit wrote he believes thestudents would be likely to win at atrial. Unfortunately, that judge wasnot on the three-judge panel thatruled on this case. Absent a rulingfrom the U.S. Supreme Court, the6th Circuit's ruling effectively deniesthe students a trial.

The students will be requestingSupreme Court review. In ouropinion, the 6th Circuit ruling is anunacceptable change to severalwell-established rules of law. It alsoseems to differ from similar rulingsin other circuits. For these andother reasons, we believe that theSupreme Court will be likely toreview this case. Please pray that itdoes.

The right to express ouropinions, about any subject, is oneof the most precious rightsAmericans have. You'd think thisprecious right would be worthy ofholding a trial.

[ Attorney Van Irion representedplaintiffs in the case. ]

school security is the issue in thiscase. The courts have gotten this oneright. If the symbol is used as astatement of pride that's one thing,but if it's used as part of a threat,that's something else altogether.

[ To their credit, though, TheTennessean also published thefollowing response from CompatriotVan Irion, of Camp 87 in Knoxville.]

Case pitted speech vs. political

correctness

Schools may not ban a flag, anyflag, simply because they think itmight offend someone. This is afundamental concept that seems tohave been forgotten by many schooldistricts.

That is why so much time andmoney has been spent fighting aboutT-shirts in Blount County schools.You see, it's not about the T-shirts.It's about the most foundationalright protected by the Bill of Rights:free expression.

The purpose of the FirstAmendment is to protect unpopularideas from government censorship.Popular ideas don't need protection.The U.S. Supreme Court said in1989 in Texas vs. Johnson that "Ifthere is a bedrock principleunderlying the First Amendment, itis that the government may notprohibit the expression of an ideasimply because society finds the ideaitself offensive or disagreeable."

Despite this clear statement oflaw, school districts all over theSouth are banning student displaysof the Confederate flag, and theirbans are based on the schools' desireto prevent some students from beingoffended. School districts have cometo believe that political correctnessoverrides the Constitution.

So, yes, the Blount Countylawsuit is about more than just a fewstudents wanting to wear T-shirtsthat some people don't like. It'sabout whether schools can encour-age popular ideas while simulta-neously punishing ideas they don'tlike. It's about free speech vs.political correctness. It's aboutpolitical correctness vs. well-established Supreme Courtinterpretation of the Constitution.

...continued from page 1...

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Davis’ memorial in Fairview, insouthwestern Kentucky, mean-while, has seen an increase invisitors by about 12 percent overallfor the year, and a nearly 30percent jump in June, the monthhe was born, said Mark Doss, theDavis memorial park manager.Doss said the park, which includesa 351-feet tall obelisk honoringDavis, had its “biggest month ofJune in the history of the park,”tallying about 4,000 visitors.

“It’s to be expected,” Doss said.“There’s a lot of people that studyJefferson Davis and in the last fewyears there’s been a lot moreinterest in his role not just in thewar, but in his experience beforethe war.”

The Davis site in Georgia marksthe place where Davis was capturedby Union troops. Bradshaw, themanager, said he expects about20,000 people or more will visit thisyear, compared with the normalattendance of between 12,000 and15,000 people annually.

Increased interest in the CivilWar, combined with the bicenten-nial events, are likely behind therenewed interest, Bradshaw said.People seem to be looking foranother perspective and to learnmore about Southern history, hesaid.

“They know about Lincoln andeverything he did,” Bradshaw said.“I think there’s a trend that thereseems to be people who want tolearn more about Jefferson Davisand what happened to him.”

Rick Forte, acting director ofBeauvoir, the home in Biloxi, Miss.,where Davis last lived, said about4,000 people visited the estate onJune 3 for Davis’ birthdaycelebration and grand reopening ofthe home after restoration workfollowing Hurricane Katrina. Fortesaid the home, which is now ownedby the Mississippi Sons ofConfederate Veterans, has alsoseen more visitors.

“We have seen just anoutstanding growth of interest,”Forte said. “Phone calls, e-mails,you name it.”

In Lexington, Ky., a town that

also boasts ties to both men, theLexington History Museum has anexhibit featuring both Lincoln andDavis. Jamie Millard, the museumpresident and CEO, says a recordnumber of people — more than8,000 — have viewed the museum’sexhibit.

Lisa Cleveland, a spokeswoman forthe Kentucky Historical Society,said that people drawn to Lincolnalso tend to show interest in Davis.A mid-June academic symposiumon Davis drew about 150 people,and Kentucky’s Lincoln sites havealso seen more visitors, Clevelandsaid.

“Clearly, for whatever reason,people are finding a reason to visitthose Lincoln sites and looking atthe Lincoln legacy in Kentucky,”Cleveland said. “The interest isthere, and I think it’s fair to saythat there has probably never beenas much focus on Lincoln’sKentucky connection as there isnow.” ~~ story by Joe Biesk, stolenfrom Pantagraph.com

FRANKFORT, Ky. -- From AbrahamLincoln’s boyhood residence to theMary Todd Lincoln house, visitorsthis year are flocking to Kentuckysites dedicated to the 16thpresident.

But Lincoln’s Confederatecounterpart, Jefferson Davis, isexperiencing a similar resurgence.Kentucky, which claims both menas native sons and has statues ofboth in its Capitol Rotunda, isn’tthe only place experiencing a Davisboost.

“It’ll be hard for anyone toapproach the level of attention thatAbraham Lincoln gets because he’salways classified as one of ourgreatest presidents,” said PaulBradshaw, manager of a Davishistoric site in Georgia. “But I thinkthere’s a trend to learn more aboutthe other side.”

Interest in both Civil Warpresidents seems on the rise, amida two-year blitz surroundingLincoln’s 200th birthday nextFebruary. This June marked 200years since the birth of Davis, whoserved as president of the Confed-eracy.

Attendance at Kentucky’sLincoln sites has increased about18.1 percent, officials say. Lincoln’sbirthplace and boyhood home inHodgenville, for example, had morethan 105,000 visitors in the first sixmonths this year, compared withabout 89,000 during the sameperiod last year.

In addition to the Lincolnmuseum, birthplace and boyhoodhome in Hodgenville, Kentucky haseight other museums and historicsites related to Lincoln, his familyand associates. Together the siteshave had more than 159,000visitors this year. Mary ToddLincoln’s home in Lexington hadmore than 1,100 extra visitors thisyear while nearly 1,700 additionalpeople went to the museum inHodgenville, according to theKentucky Historical Society.

Civil War re-enactor JohnCulpepper said he has alwaysheard about the “nut” fromKennesaw who collects Ku KluxKlan memorabilia, and he doesn’tappreciate being lumped togetherwith such a person.

The cover story in the Aug. 11issue of Newsweek, “SouthernDiscomfort,” details writerChristopher Dickey’s odysseythrough the South as he tried togauge impressions of presidentialhopefuls Barack Obama and JohnMcCain.

For a portion of the interviewMr. Dickey talked with a youngCivil War re-enactor he ran into onLookout Mountain. He also talkedto the Kennesaw man Mr. Culpep-per referred to, whose name is DentMyers.

In a photo spread, the re-enactor, 12, is just below a picture,which features a mannequin in awhite, pointy, Ku Klux Klan hood,

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Published by The Sam Davis Camp #1293, Sonsof Confederate Veterans, P. O. Box 3448,Brentwood, Tenn. 37024

Commander ~ Larry Cockerham 331-31931st Lt. Commander ~ TBD2d Lt. Commander ~ David Eagan Adjutant ~ Chris Sollmann 453-6299Treasurer ~ Ronnie Townes 832-2321Chaplain ~ Tony Rocchietti 399-1606Newsletter Editor ~ Allen Sullivant 373-0058Web Address ~ http://www.samdaviscamp.org

from Mr. Dent’s store.

Mr. Culpepper said his friend sent him the article.“He was boiling mad,” Mr. Culpepper said of his friend,a fellow re-enactor. “Because it puts us in with racists.”

The history buff, also Chickamauga city manager,and others said the Newsweek article perpetuatesstereotypes of re-enactors, and of Southerners, thatare inaccurate. “As far as me and the averageSoutherner, we are not racist,” Mr. Culpepper said. “Weare living historians. We portray Union and we portrayConfederate. We are doing it for our ancestors to honorboth sides of the war.”

Ann Shackleford and her husband, Bill, have beenre-enacting Civil War battles for 18 years. They operatethe Mountain City Mercantile, a Civil War-era generalstore in Chickamauga. Re-enacting is not about tryingto rewrite history, Ms. Shackleford said, it is aboutrecreating history and honoring ancestors.

Mr. Shackleford said many members of the Sons ofConfederate veterans also are members of the Sons ofUnion Veterans, having ancestors who fought on bothsides. Although some re-enactors said they aresometimes misunderstood, Mr. Shackleford said henever has been ridiculed for his hobby. “I catch moreflak for dressing as a Yankee,” he said.

~~ article by Chloe Morrison and Mike O'Neal,Chattanooga Times Free Press

ON THE WEB

To read the Newsweek article visit:

http://www.newsweek.com/id/150576.