Mistrial declared in Confederate Flag case
Mistrial declared in Confederate Flag case Save Email Print
Posted: 6:25 PM Aug 12, 2008
Last Updated: 7:04 PM Aug 15, 2008
Reporter: Stephen McLamb
Email Address: Stephen.McLamb@wvlt-tv.com

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UPDATED 8/15/08 6:33 p.m.: KNOXVILLE, Tenn. (WVLT)-- After twelve hours of deliberations over three days, a federal judge declares a mistrial in the case of an Anderson County student who filed suit after not being allowed to wear clothing with confederate symbols to school.

 
Should Tennessee students be allowed to wear Confederate flag patches and other clothing representing the "confederacy" to school?
Yes
No
Not sure
 

Tommy DeFoe is disappointed the jury could not reach the verdict he wanted, but that's not stopping him.

The court will have to set a new trial date and do it all over again.

For DeFoe, he may not have won the war, but he feels at least he's won a battle.

"If I hadn't have stood up for my rights, everybody else's right, hadn't have stood up for the South and the Confederate flag nobody else would."

Tommy DeFoe says his commitment to his cause is as strong as ever, even after a federal judge declared a mistrial after jurors said they could not reach a unanimous verdict.

But DeFoe's attorney Van Irion believes it was close.

"Based on juror reactions during the trail the jurors were for our side and that there was one we were pretty sure was pretty adamant against us."

Defense attorney Arthur Knight disagrees saying he doesn't believe Irion knows what the jury's positions were, but Irion he they offered to lower the bar and let the jurors continue deliberating for a less than unanimous verdict but the defense declined.

Knight says, "Maybe this is just my Christian background but that's maybe a little bit more gambling than I like to do."

As the parties wait for a new trial date, could there be a settlement?

Anderson County School Board Chariman Dr. John Burrell says, "I don't think we can settle as long as we have the same policy with the Board of Education."

Because they didn't lose, Irion hopes this will at least put other school districts banning the flag on notice.

Irion says, "If you're banning things based on the fact it's offensive, that violates the Constitution."

So for now, DeFoe hopes to pull back, reorganize and one day be back on the battlefield.

DeFoe says, "Nobody else would because nobody's going to do it because everybody's scared of them and I ain't scared of them, and this ain't overwith. It ain't over.”

We attempted to talk to five of the eight jurors after the trail to find out just how many people were holding up a unanimous verdict but they declined comment.

Irion hopes the court will set a new trial date next week.

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UPDATED 8/15/08 1:00 p.m.: KNOXVILLE, Tenn. (AP) -- A federal judge in Knoxville has declared a mistrial in a teenager's free speech lawsuit over a dress code that banned him from wearing Confederate flag clothing.

The all-white jury deliberated about 13 hours but was unable to reach a unanimous verdict in the case of 18-year-old Tommy DeFoe.

Judge Tom Varlan dismissed the jury Friday.

DeFoe's attorneys said they would like a new trial.

DeFoe's lawsuit contends his rights were violated by an Anderson County schools dress policy that bars the flag from student clothing.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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UPUDATED 8/15/08 11:45 p.m.: KNOXVILLE, Tenn. (WVLT) -- The federal judge in the Confederate flag freedom of speech case against Anderson County Schools has declared a mistrial.

We'll have an complete coverage on Volunteer TV News at Noon and on VolunteerTV.com.

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UPDATED 8/14/08 6:00 p.m.: KNOXVILLE, Tenn. (WVLT) -- It's a trial that's of interest all over the country, and a federal jury is on the way to a third day of deliberations to decide if a former Anderson County student has the right to wear confederate symbols to school.

The jury had two questions for the judge as they deliberated Thursday, but one in particular offers a glimpse at just how tough it might be to get a verdict in this case.

The jury sent a question to the judge saying they can’t reach a unanimous decision, and they wanted to know what they should do.

The judge questioned whether this case can be resolved, but decided to send the jury home for the day, and told them to begin deliberations again Friday.

Plaintiff Tommy DeFoe continues to wait for a verdict after suing the Anderson County School System after being suspended 13 times for wearing confederate symbols on his clothing.

DeFoe argues that it's a right of free speech, but the defense says it may offend some minorities.

So what does DeFoe think after some ten hours of deliberation.

"Well, it's good that they're taking this long, I guess, but I don't see how long it would take for them to figure out that I’m right.”

Attorneys on both sides are scheduled to be back in federal court at 8:30 Friday morning.

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UPDATED 8/13/08 6:32 p.m.: KNOXVILLE, Tenn. (WVLT) -- The case over wearing symbols of the confederate flag at an Anderson County high school is now before a federal jury.

Jurors left for the day around 5:00 p.m., but both attorneys told them the importance of the case.

Plaintiff attorney Van Irion said the eyes of the world are on the jury.

Plaintiff Tommy DeFoe says, "I knew it would take a while, and I wasn't gonna give up. I knew I'd be out of school before it ended."

Tommy Defoe knew he'd never be able to wear symbols of his Confederate battle flag in an Anderson County school again. But this 19-year-old is now fighting for the rights of others.

The case is now before a Knoxville federal jury. In closing statements, plaintiff attorney Van Irion said this was a case of freedom of speech.

Speaking of the school's ban, he said, "Popular ideas don't need protection."

Meanwhile the defense maintained that minorities could be offended and lead to disruption.

Defense attorney Arthur Knight says, "We're talking about a school. You have to be there or be truant. You can't walk away."

Defoe maintains that wearing the flag has not been a problem.

DeFoe says, "Everybody I knew wore it, you know? It didn't cause no problems. The only disruption it ever caused, teachers would say something, or principals would say something about it."

When the jury returns, Defoe hopes he's not won a battle, but the war.

DeFoe says, "You should be able to wear what you want. Without anybody telling you not to. School's supposed to be a place you know, to learn and get an education. It ain't a place to tell you you can't do this or you can't do that."

Deliberations will resume first thing Thursday morning.

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KNOXVILLE, Tenn. (WVLT) -- A student fighting for the right to wear the confederate flag in school is getting some unlikely support.

Confederate flag supporter H.K. Edgerton says, "We are Southern, too, but don't come taking away our place of honor and dignity which is what these folks have done."

Edgerton is a former NAACP leader and is now a confederate heritage supporter joining the plaintiffs in support of the Confederate flag in Anderson County.

Plaintiff s continued with their testimony in Federal Court Tuesday.

School officials testified that there had been several occurrences of racially motivated incidents, but also said symbols of the flag were not present except for one time when two black students came to Anderson County High School following hurricane Katrina to find a Confederate flag in the school.

Plaintiff attorney Van Irion asked Principal Greg Deal whether they would display a flag that says “heritage, not hate,” if they were intent on harassing.

Deal said the flag ironically shows up two days after the arrival of two African American students.

Edgerton, who heard the testimony, said school administrators and their attorneys were race baiting.

Edgerton says, "You can't presume to assume that black folks are going to hate this flag because we earned a place of honor and dignity under this flag. This flag is just as much a part of black folks in the Southland of America as any white many walking around here."

Tommy DeFoe filed the lawsuit, and says, “It's just a symbol of heritage that's from the South and it's ancestors. That ain't got nothing to do with racism."

DeFoe says he's now hoping that all his civil disobedience and suspensions from school will be vindicated by a jury, and that’s something Edgerton applauds.

Edgerton says, "To stand up for the Southland of America just like their ancestors did ...no matter what the consequences are and say this is not right."

The jury could get the case Wednesday afternoon or early Thursday.

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Posted by: Bruce Location: Vancouver, BC Canada on May 31, 2009 at 05:07 PM
I give Mr. Defoe the thumbs up for standing up for his right to display a confederate flag belt buckle. I mean what is all the big fuss over this matter, common now it's heritage for goodness sake. I am a Canadian who supports the Confederacy all the way.

Posted by: Ian Robertson Location: Vancouver, BC Canada on Nov 4, 2008 at 08:46 PM
Good for Mr. Defoe for fighting for his right. I am a Canadian citizen who supports the Confederacy

Posted by: Lee Location: nashville on Aug 27, 2008 at 01:53 PM
This case is a no-brainer. Why should anyone have a say regarding what political statement a student puts on their shirt? Why should anyone care? Why would anyone go to water at the sight of a Confederate Flag, or any other Flag? Some people think the US Flag has been pretty well disgraced, given this country's assorted actions, attacking sovereign countries, and propping up this dictator and that one, all around the world. Red reminds some people of Communism so maybe we should prohibit the color "red". Here's an idea: from here on, no one is allowed to wear anything but white, no flags, no symbols, no colors, just white clothes. But, wait...that won't work. White is a religious color to some. Let's just all go around naked, just the way God made us. Surely, no one could object to that.

Posted by: Ronald Location: NEW YORK on Aug 27, 2008 at 11:57 AM
If you ban the Confederate Flag, then ban ALL symbols of heritage. You can't ostracize one group and not the others. Isn't that how your multi-culturalism works?

Posted by: Anonymous on Aug 26, 2008 at 12:31 AM
why is it an issue? Black kids wear malcom X symbols and tee shirts with proud to be black and also have A day dedicated to them but oh no not a white kid that show racism/not fair for whites/we are the minority

Posted by: CptSnark on Aug 20, 2008 at 06:01 PM
"This is not just about Southern Rights, it is about Southern Heritage being discriminated against." Then why are you not outraged that tommie does not know enough to display the 'jack' right side up? But even so, using any flag as decoration is disrespectful. He should buy a quality CSA replica belt buckle.

Posted by: marty Location: Illinois on Aug 20, 2008 at 04:04 PM
If the student wears clothing with Confederate Flag, or semble as to display their heritage, I can understand, but if it is for hate, that wrong and they should not be allowed to display them.

Posted by: gene Location: kingston on Aug 20, 2008 at 12:29 PM
This is not just about Southern Rights, it is about Southern Heritage being discriminated against. African Americans seem to have the right to use words that have been declared wrong for whites to use. Hispanics seem to have the right to defame America. Muslems seem to have the right to publicly pray five times a day. While the rights of Whites have eroded. We can't use certain words because they may "Offend" someone. We can't pray in school, because it may offend someone. What about us? It offends me to see the Mexican Flag flown superior to the American Flag. It offends me to see illegals given jobs and Government aid.It offends me to be asked not to pray whenever I want, while others (muslems) are given freedom to do so. It offends me to see America give our rights away, just so others will not be offended. It offends me to see our rights,paid for by the lives of our soldiers be taken away. This is America, it is time for "We, the People" to take our country back for ALL AMERICANS!!

Posted by: cd Location: asheville nc on Aug 19, 2008 at 11:52 PM
Fight on young man.As long as there is one true Southerner alive, we will never submit to distortion , hypocrisy, and lies

Posted by: D on Aug 19, 2008 at 12:40 AM
My family fought on both sides of the war, the union side won. The South will never rise again. Amen.

Posted by: Butch on Aug 18, 2008 at 09:20 PM
Please, when you are out and about wear your symbol of the shame caused by generations of bigots. Tattoo it on your forehead. It makes it easier to know who you are. Much better then a white sheet.

Posted by: DARLENE Location: KINGSTON on Aug 18, 2008 at 02:02 PM
HAS ANY ONE EVER THOUGHT ABOUT WHAT THE IRISH PEOPLE WENT THOUGH WHEN THEY CAME TO THIS COUNTRY, TRY READING ABOUT THAT IT'S NOT PRETTY.OR THE CHINESE PEOPLE DON'T FORGET THAT THE SLAVES WERE SOLD TO THE SLAVE TRADERS BY WHO? THEIR CHIEFS AND KINGS OF THEIR COUNTRY.I HAVE NOT READ ANYTHING IN THESE COMMENTS ABOUT THAT YET. AND YES WHY ARE THESE GROUPS ALWAYS SOMETHING OTHER THAT AMERICAN WHY DO THEY HAVE TO BE AFRICAN AMERICAN ,GERMAN AMERCIAN , ISISH AMERICAN WHAT EVER THERE BIRTH COUNTRY. THEY ARE STILL (AMERICANS) KNOCK OFF THE ?? AMERICAN ,JUST BE AMERICAN AND BE PROUD OF THAT. THEY ALL GET TO WEAR THEIR SYMBOLS, WHY CAN'T AMERICAN WEAR THERE'S BECAUSE WE HAVE THE ACLU, NAACP AND GROUPS LIKE THAT THAT THINK THAT EVERYONE ELSE HAS RIGHTS BUT TRUE AMERICANS.

Posted by: Thomas Location: C.C. Texas on Aug 17, 2008 at 09:08 PM
July 25, 1861 the US Senate passes a resolution 30-5 stating that the war is being fought to maintain the Union, not end slavery.

Posted by: Johnny Reb Location: Alabama on Aug 17, 2008 at 11:59 AM
It`s a sad day in America when everyone but Southerners can publicly display symbols of their heritage. Everyone in America has rights & freedoms but us.

Posted by: M. A. Maedgen Jr. Location: Mathis, Texas on Aug 16, 2008 at 11:37 PM
The War Between The States was a tragic, real part of American History. Many of us had relatives who fought on both sides of that War, and we are proud of our heritage exhibited by both sides. We should be able to wear symbols representing our choice of which side we choose. It would be an honor to display a Confederate symbol and should be allowed.

Posted by: JoeSchmo Location: Knoxville on Aug 16, 2008 at 10:15 PM
People wear any and all different 'symbols' representing whatever they want. What if I am offended at the African flag that a black person is wearing? What if I am offended that a Muslim woman is wearing a birka on her head? I am sure I mis-spelled that. What if I am offended that a man who wants to run our country won't be sworn in on a Bible, instead he is sworn in on a Koran! What if I am offended at the soldier's uniform that he is wearing because I do not agree with all the aspects of the war we are involved in? Where does it stop? Someone may not like my Hooter's t-shirt. Someone my not like that I wear an earring. My wife may not like someone elses tattoo. We all have opinions. I don't agree with the gay lifestyle. I choose differently. Live and let live. We all have a heritage. Mine was German and English. I didn't choose it. I also don't wear a swastika on my arm. I don't agree with what it stands for. And I don't have tea at noon, but I am part Indian also. Lay off.

Posted by: Randy Location: Arlington,Texas on Aug 16, 2008 at 03:56 PM
What I do not understand is why is there a problem at all for wearing the confederate flag to school . So what ? What is "wrong" with my confederate flag ? This is America isn't it . We do live in a land that proclaims freedom don't we ? So what and who is the problem ? The people of Africa can now return to Afica . Go , go away . I will get Putin to take you back if yall don't leave today .

Posted by: CptSnark on Aug 16, 2008 at 03:10 PM
Even small things like displaying the flag right side seems to be beyond Mr DeFoe, and his sole purpose is supposedly his intense pride in his ancestors that were members of the Confederate Military. But I am sure that if one of them were to have seen their emblem Upside Down they would educate Tommie with a good old fashioned whipping with that same belt.

Posted by: Leo Location: Farragut on Aug 16, 2008 at 02:25 PM
I totally disagree with anyone who pledges any type of alligence to anyother flag other than Ole Glory. The confederate flag only represents an evil of the past. It represents the advocacy of slavery and racism. Such flag should be buried, just like a German swastika. There is no sense to continue hurting Black americans.

Posted by: George H. Cooper Location: Asheville NC on Aug 16, 2008 at 10:05 AM
Just because the Confederate Battle Flag has benn misused by persons promoting racial strife, that should not be taken to mean what the flag stands for. Consider the fact that the KKK has carried the U.S. flag many times more than it has the Battle Flag (and carried many of them in a parade down Constitution Ave. in Washington). Should that mean that the flag represents hate and should be banned? I pledge allegiance to the U.S. flag, but continue to salute and honor the Confederate flags, including the National flags of the C.S.A.. To do otherwise would be to dishonor my ancestors.

Posted by: Cajie Location: Tennessee on Aug 16, 2008 at 08:03 AM
cont'd. Interestingly, Santa Ana, following the reduction of Alamo, found himself in the possession of several terrified slaves. Generously, and in a manner Lincoln later emulated, he freed them and told them to spread the word to other indentured blacks, that he "had come to free the slaves" [of which there were only several hundred in Texas]. Santa Ana, of course, cared little about slavery or human rights. After all, how could he? Days after his glorious victory at Alamo he ordered--against the expressed disgust of most of his officers--the execution of over 500 Texas captives.

Posted by: Cajie Location: Tennessee on Aug 16, 2008 at 08:01 AM
Putin and Georgia - copying Lincoln - Americans still do not confront their history They maintain that Lincoln's aggression against the Confederacy was primarily because of the immorality of Southern slavery. I maintain that secession and Lincoln's war against the South was the product of sectional hostility. I'm presently reading a book, "Duel of the Eagles" about the Texas War for Independence from Mexico [another secessionist movement]. Many prominent Yankees, prior to Southern Secession, despised everything about the South. These feelings were fully reciprocated in the South and led to secession. Lincoln, whose election precipitated the Southern pullout, waged red war to prevent it. Probably he wouldn't have gotten away with it except for institutionalized anti-southern attitudes in the North.

Posted by: Jerrica Location: Knoxville on Aug 15, 2008 at 11:49 PM
This is so sad,everyone wants to be so upset over a flag,symbol or clothing. And let the county spend thousands of dollars for the trial. What about prayer in school, things that are really important and would benefit alot more people than all the conflict over a belt buckle or a article of clothing. Let it rest and worry about the real problems in the world. Whats next a court hearing because someone can't wear a trench coat to hide a weapon in to school. Or carry a knife to school because the choose to grow up as a hunter in life. Things like that are things that will be the next case in court because someone gets PO'd because they can't get their way and get crazy exceptions just so they can say look what i did. Worry about the SAFETY AND WELFARE of all our kids no matter what race. That war is over let it rest instead of trying to rehash more problems from years gone by. Our kids are the most important. And if it remotely might cause trouble keep it out of the schools.

Posted by: country boy Location: tn on Aug 15, 2008 at 10:26 PM
Thanks Tommy Defoe you stand your ground and i will back it up for ya. thank GOD for our heritage.

Posted by: CptSnark on Aug 15, 2008 at 10:14 PM
would someone teach Tommyboy which way is up! If he is going to flaunt his pride in his heritage, he has got to know which way to wear it. What he needs is for some old drill instructor to give him a real education. Maybe the Corps could fix him up. But then they want a few good men, not weaselly little boys that can't follow simple rules.

Posted by: Southern but not a hillbilly Location: Knoxville on Aug 15, 2008 at 09:32 PM
This little hillbilly needs to be made to scrub toilets at the courthouse to make up for the money wasted on this stupid lawsuit. Oh, and he seriously needs to get a life.

Posted by: Dave Location: Tennessee, CSA on Aug 15, 2008 at 09:21 PM
this is so sad! what was this country founded on? what makes it so great? you who do not know your history, listen to Mr. H.K. Edgerton. (a black Southerner) it wasn't about slavery. STATES RIGHTS!!! my ancestors owned no slaves. they sure wouldn't fight, walk barefooted, starve, and die for 4 years for a rich man's slave that in no way benefited them! think about it. would you go to war under those conditions today for celebrities and stars properties? we know the answer to that. google Lincoln's quotes on how the war wasn't over slavery BUT, to preserve the union. and you coward who can't make the decision unanimous, go back nnorth where you have no proud heritage nor know of anything your ancestors believed in, fought, and died for! i ask you today, "what will you do for your FREEDOM?!?!?!?!?" DEO VINDICE

Posted by: Billy Yank on Aug 15, 2008 at 08:23 PM
I think it says a great deal about this young man in how he shows up dressed for court. And then his attitude about why the jury is taking so long to figure out that he is right. Must have not payed attention in his history class.

Posted by: David Tatum Location: Suffolk VA. on Aug 15, 2008 at 07:20 PM
What if a picture of the Battle flag is in a history book ? Do you ban the book ?

Posted by: Don Reagan Location: Dandridge on Aug 15, 2008 at 07:19 PM
Would it be acceptable for Tommy Defoe to wear a T shirt with a picture of a US Slave ship? I have one ready for him. I would like to see the Confederate flag allowed since the South owned noslave ships. They wer based inBoston or New York. It has a big American flag flying from the highest Point,

Posted by: Anonymous Location: harriman tn on Aug 15, 2008 at 05:48 PM
its a flag,,,, it would be different if it was about drugs,or sex....its about a red white an blue FLAG......

Posted by: Jeff Location: Alcoa Tennessee on Aug 15, 2008 at 01:58 PM
The confederate battle flag is a symbol, it is part of our history. Why is there so much hatred towards the confederate flag that flew for basically 8 years when the american flag flew for appx 80 years over slavery? The flag respresents a time in our american history, it does not represent hatred. The boats that carried slaves to and from the U.S. and Carribean islands were built in New York Harbour, Do you also hate NY or Boats for that matter? This is history, not hatred. Hatred comes in all forms, YOU make of it what you want it to be!

Posted by: Valerie Location: Long Island, New York on Aug 15, 2008 at 12:16 PM
Excuse me, but when did extortion become an acceptable way of life in the United States? Wear something that "offends" us and we'll riot? Say something that "offends" us and we'll cause havoc??? Despite what the School District attorney says, the only "Constitutional issue" here is the fact that the plaintiff is being denied his freedom under the 1st Amendment. Free speech and expression are guaranteed by that Amendment. On the other hand, there is NOTHING in the Constitution that guarantees against being "offended". Indeed, the 1st Amendment was put in place precisely to PERMIT "offensive" speech and expression! Time to ditch the "political correctness" and give Americans back their constitutional freedoms!

Posted by: Kenneth Holt Location: PA on Aug 15, 2008 at 10:16 AM
Why were the illegal people in California allowed to carry the flag of Mexico in their marches of protest? All states have State flags. It is only a symbol of the past which has been set right. Many students and adults in this country would not even know what it represents as most know very little of this nation's history. Everyone offends someone-even when they zip into my parking space. What has happened to freedom of speech or DRESS? My ancestors were horribly wounded by their countrymen under that flag. The Nazi flag was permitted to fly in this country in their marches and meetings. Where has the freedom of speech gone?

Posted by: Gary Location: Nashville Tn. on Aug 15, 2008 at 12:46 AM
We have so many other problems that need addressing in our schools!! Why do we have to argue about a BELT BUCKLE!! What if the shoe was on the other foot? A NAACP BELT BUCKLE being worn to school? Where would the ACLU be? Not rasing hell about a student wearing it!! Here in my City(NASHVILLE) they have medal protector's & Metro Police in the schools.Our Police Chief said he has more cops in the schools than any givin day on the roads here in Nashville!! Whats wrong with this picture??????? I am 65 yrs. old I don't remember any thing when I went to school, HAVE YOU??????? May GOD HELP US???

Posted by: James Location: Baton Rouge on Aug 14, 2008 at 11:11 PM
I am a graduate of Maryville High School, and as a rebel I feel the symbol is more about school spirit than racism.

Posted by: dee Location: knoxville, tennessee on Aug 14, 2008 at 11:00 PM
I feel I must address the comments "those people" made regarding Tommy DeFoe's speech. Even though he does not speak "proper English", as my Granny use to say, this young man is no less important than any other human being and is entitled to his rights as an American citizen! The remarks were rude and quite tacky and you should be ashamed of yourselves! Also, please be aware that the decendants of Confederate soldiers have fought in every war in which America has been involved since 1865 and they have served honorably! The U.S. Congress recognized these Confederate soldiers as American soldiers in the 1930's! Should we do less? I think not! Thank you!

Posted by: Fred Location: Southeastern TN on Aug 14, 2008 at 09:55 PM
Concerning the confederate flag,our nation has this problem concerning its beliefs,if you disagree with me,your a "racist" or intolerant" or its a "hate speech". On Fox news they were talking of two instances of "Christians who had a gift card and it said God bless you in Jesus,and this person was made to remove the word"Jesus" because this might offend.How about these muslims who can pray at a university,and, Christians can't because Christians are telling the truth of whos the only way the heaven,which by Christ alone,and ,we also have "freedom of religion" as muslims do. Just think about this how this is not really a confederate flag issue but a issue If you don't like something said or worn because I don't like it,and therefore its a racism" thing because Im offended.The issue of the cap and baggy pants is a moral thing,you should look your best,turning your cap to the front is no big issue ,theres handicap people who do this.This knit is picking.

Posted by: Teiyaria Location: TN on Aug 14, 2008 at 08:53 PM
About the confederate flag.. I think it would be ok to wear shirts or belts with the confederate flag on them ONLY thing young people in High School do not present that flag as being a "Freedom" flag some use the flag as racial marks towards blacks. We tried that when I was in High School and it worked for about 3 days then after that it made white students want to start using the flag as racial marks towards blacks! So I think it should not be allowed because it will start uncalled for drama between students within the school.

Posted by: Wayne Location: Knoxville on Aug 14, 2008 at 07:27 PM
What is wrong with you people. Free speech is free speech. It doesn't matter that one persons speaks different from someone else, or that some small group doesn't like something. What matters is our Constitutional Rights as a free society. If the minority is aloud to rule what we can and can't say or wear, we might as well give up our freedom as well, freedom that has been bought and paid for, because that's where we are headed. Why is it that some are aloud to wear or say anything they want and if that offends people, o well, we are told to be open to others feelings. Free speech Huh. Think about it people. Our rights as a nation are in jeopardy. Sure it's one flag, but the things you hold dear may be next.

Posted by: dee Location: knoxville, tennessee on Aug 14, 2008 at 07:24 PM
After reading the comments posted on this site, it is obvious that many folks do not know the true history of the war and have absolutely no understanding of southern people. Southerners, then as well as today,are a proud people and we have every right to honor our forebears who gave their all to defend their homeland against the northern invader. We have strong ties to family, the land and our creator. We are a sum total genetically of our forebears, they are part of us and we are a part of them. I am extremely proud to be the decendant of five East Tennesseans who served the Confederacy. They were decent, hard-working folks, who owned no slaves. If anyone thinks these people risk their lives and everything they had so the rich man could keep his possissions, they best think again! Yes, I support the Battleflag, also called the Southern Cross and honor the men who fought and died following it. We will never forget them nor their sacrifices! God Bless the US and Dixie!

Posted by: Jame Mack Location: Somewhare in TN on Aug 14, 2008 at 07:16 PM
At appomattox Court House Grant told Lee to tell his men to surrender there battle flags and to retain the weapons because they would need them to forage for food and to aasemble his men so that they could eat courtesy of the Union army Nuff Said Yall Get over it !!!

Posted by: Don Location: Dandridge on Aug 14, 2008 at 06:12 PM
A unamous verdict is required but I hear that 6 of the 8 jury members will be enough to settle this case. Balderdash...Both sides agreed on 8..So So 8 should have to be unamoius.This is very important to decendants of Confederate soldiers. The slave connection is a NO Brainer. During the civil war the North had slaves and the slave trade was always centered in Boston. The North had ALL of the slave ships. The South oened none.Get the facts before making a judgement. I am a decendant of a man who walked to Nashville to join the Union Army.I am offended by baggy pants and no belt. I hope they ban them next.Hats should be worn with the bill to the front also.

Posted by: Rebelgal Location: in the Country on Aug 14, 2008 at 05:09 PM
HMMMM i guess my screen name means i a racist uh Xavier? well guess what buddy boy i'm not. I wear the confederate and rebel flags and i don't care who likes it or who don't!!! what about all the malcolm X and Martin Luther King shirts ??? i have my rights to freedom of speech and i will wear want my $$ buys. O but the way Xavier LOL and if you think i am *poor white female* LOL i asure you that i am not I make very good money at my job. Your comment makes you sound like a stupid uneducated racist yourself. The fact is if you don't like what i'm wearing or anyone else for that matter turn your f****** head!!!!!!!!

Posted by: Kaycie Location: Sevierville on Aug 14, 2008 at 04:30 PM
I'm glad that everyone is pointing out that the confederate flag is NOT about racism but about heritage. As soon as the rest of you realize that, maybe the sooner we can drop this and let these kids express themselves. I understand that it may make others uncomfortable... but if we ban something that we believe in and makes us who we are... how is that suppose to make us feel. That is completely unfair. Besides, if this is such a problem... then why teach these kids about the war in the first place... if they don't want to see it... don't teach it. If everyone paid attention in this class... they would know that this flag is about heritage... pride. not hate!

Posted by: Sparky Location: Sevierville on Aug 14, 2008 at 04:15 PM
What is the difference in the Muslims wearing their headdress to school or out on the street and the Southern people remembering their ancestors by showing the Confederate flag? The Confederate flag does not stand for hate it is part of our history.

Posted by: Anonymous on Aug 14, 2008 at 03:07 PM
If they ban one logo what prevents them from banning much more than the confederate flag. If there is a problem with the way people dress at this shcool then they need to adopt uniforms for the students.

Posted by: Scott Location: Pocahontas, AR on Aug 14, 2008 at 01:32 PM
xavier, the flag you are offended by is an Army of Northern Virgina battle flag not a confederate government flag. The civil war happened, and is one of our countries darkest times. 624,000 Americans lost there lives on both sides fighting for what each believed in. That makes this apart of our heritage, north and south alike. You should try understand the history of it all, so that we don't make mistakes like that again. You act as if the war was over slavery and it wasn't. Slaves only accounted for 11% of the southern population and were owned by only 6% of the population. Most southern soldiers never owned slaves. Did you also know that free black men fought in the confederate army? History is the facts of what happened wither we like it or not. The history of slavery is, the United States of America legalized slavery in 1654, 207 years before the Confederate States of America ever existed. Slavery wasn't abolished until 1867, two years after the war ended. Heritage not Hate.

Posted by: Greg Location: Knoxville on Aug 14, 2008 at 12:47 PM
What's really pitiful is the poor grammar in the prior comments of others!! Just as the terrible grammar of this idiot kid wanting to wear the Confederate flag. It's obvious he's not learning what is important in school. I'm very proud of the fact that I'm a Southener; however, the Confederate flag is a rememberance of a horrible time in OUR American History. The only place for this symbol is in our history brooks that we can reflect back on and learn NOT to let history repeat itself of this atrocity. I feel we're all missing the point that the Confederate flag IS offensive to many people and if those people were truly "God fearing Christians" they would choose not to display or wear it simply because it hurts others. Peace...

Posted by: Alan Location: Nashville, Tennessee on Aug 14, 2008 at 12:40 PM
I without a doubt, absolutely do feel that they should be able to fly the confederate flag if they so desire. I do and will continue to do so for as long as I choose to do so.

Posted by: Ted Location: Philadelphia Tennessee on Aug 14, 2008 at 12:30 PM
One thing that needs to be pointed out is if you go to Murfeesburo or Franklin TN and go to the civil war historic cites you will find out that what that judge knows about the events back then is only what the yankees of the north want people to know. At those historic sites in those two cities if you buy the audio cds and listen to the tour guides you can find out that what really caused the war was not what they claim over the black people. What really caused the war is after Davis lost the election to Lincolin he noticed several politicians from the north east states were plotting to overthrow the fedral government and turn this country into a dictatorship. Also invlolving the black people the north sold 95 percent of them on what was the birth of the NY stock exchange to people of the south and then lied to Lincolin about letting them go free and then accusing the south of not letting them go. They say that right there shows that what is taught today in school is not fully true

Posted by: Shirley Simons Location: Crossville, TN on Aug 14, 2008 at 12:21 PM
The Confederate Flag is part of our history and I don't believe it should be considered offensive. There are a lot of T-shirts and posters that I feel are offensive but they are still worn and displayed. I find the sex references on TV and in movies offensive. There are a lot of issues that I find offensive and I just stay away or ignore. I am tired of the government poking their nose into our lives especially when it comes to our heritage. Our heritage is what it is and though not always the best, the Confederate Flag represented the South and their culture and I don't see it as against any population group. Jesus Christ died for ALL people regardless of their color or origin; He created all of us and we do not have the right to discriminate. I do not feel the Conferedate Flag discriminates but represents the Confederates at a sad time in our history but we have come together and I am a Northern born person living in TN and I love it and its people.

Posted by: sabrina Location: tazewell tn on Aug 14, 2008 at 12:19 PM
this is america. we should be allowed to wear anything we want.

Posted by: roy Location: anderson county on Aug 14, 2008 at 12:14 PM
yes I support the confederate flag, because it is our constutional right to freedom of speech!maybe some people think that it offends them but is still a violation of OUR FREEDOM OF SPEECH!IF YOU TAKE THAT AWAY THEN THIS IS NOT A FREE COUNTRY ANYMORE!MY FAMILY FOUGHT FOR OUR FREEDOM & THEY DIED FOR OUR FREEDOM OF SPEECH!GOD BLESS AMERICA!!!!!!

Posted by: Rob Location: Nashville on Aug 14, 2008 at 12:13 PM
One thing is perfectly clear. Listening to this young man talk, he certaintly hasn't learned much in English class. I mean really; "It didn't cause no problems." Ever heard of a double negative? "It aint a place..." He reinforces all the sterotypes about hillbillies in Tennessee.

Posted by: Anonymous Location: Lake City, Tn on Aug 14, 2008 at 11:15 AM
The flag is all in what you make it. If you choose to see it as a symbol of hate, then that is your right and privilage as an American. Can't nobody really change your opinion so there is no use trying. However, this is issue is about the rights given to us by our forefathers when they established this country, and they did NOT put an age limit on who had these rights. People offend me every day, does that mean that there right to do whatever should be taken away. No, that means I need to get my feelings off my shoulders and worry about something else. As a graduate as A.C.H.S. I proudly wore the flag on my clothes and displayed on my vechile and never had one word spoken to me about it. Give these kids their rights back or give them state paid for uniforms.

Posted by: Anonymous on Aug 14, 2008 at 10:48 AM
Rev. Bill from Chattanooga, are you really a Rev.? I truely hope not! Zac from the USA, you're ignorant! Please read more!

Posted by: Anonymous on Aug 14, 2008 at 10:09 AM
My dear Faye, dual nationalities is what this country is! European-Americans, African-Americans, Hispanic-Americans, Asian-Americans. Are we Americans or are we still from the old country?

Posted by: Jimmy Location: knoxville on Aug 13, 2008 at 08:18 PM
Nobody loves the confederacy or its flag than I do, but I do not wear or publically display the flag because so many hate groups have adopted it and used it as a basis for their predujices. I wish everyone were as enlightened as Mr Edgerton, who realizes many blacks fought for the Confederates by their own choice. It wasnt about hatred then, and shouldnt be now.

Posted by: Faye Location: Tenn on Aug 13, 2008 at 07:48 PM
These people talk about flying this flag as if it's their nationatity!!!! Grow up ,you people are of the United States of America! Not your own little country like you want..lol what a joke!!!!It's not the flag, its the attitude behind it...Southern Pride?!.....If this isnt a hate issue why is it ive seen people driving in their trucks with stickers stating with the conferderate flag on it saying "It's nice you all visited ,now you can leave"!!!! It's Morally Weak People who are persueing a fantasy that the confederate flag is more of their heritage than the American flag of the United States of America!!!!! It is Schitzophrenic for someone to believe they could maintain dual nationatities within the borders of a One Nation State, These United States of America!!!!!

Posted by: Miranda Location: Tennessee on Aug 13, 2008 at 07:40 PM
we live in the south- i mean get real. Its the sounthern flag. And if i pay money for my clothes i should be able to wear what i want.

Posted by: margie Location: wartburg on Aug 13, 2008 at 07:37 PM
I feel like that flag is a part of our heritage in the South. M y great grandfather fought under it, hewas captured at Cumberland Gap, and taken to Camp Douglas, Illinois. How do you think he would feel to have to hide his and all the confederates flag.It is time to stand up for what we believe in. thank you

Posted by: paul Location: wartburg on Aug 13, 2008 at 06:59 PM
Bottom line is civil rights displaying a confederate flag does'nt make you a racist nor does displaying the african colors which you see a lot of as well. This is america and the constitution protects our right to free speech but nowhere does it say that it will protect anyone from being offended. It just seems to me that some people need to grow up and quit crying about the past and spend their energy on something positive for the future.

Posted by: Charles Location: Burlington N.J on Aug 13, 2008 at 06:28 PM
The confederate flag is part of American History if it cannot be displayed or talked about then lets never mention slavery again.

Posted by: Mark Location: Knoxville on Aug 13, 2008 at 06:16 PM
I'm offended by abraham lincoln who stated in 1858 "I have no purpose to introduce political and social equality between the White and Black races.There is a physical difference between the two,which, in my(lincoln's!)judgement,will probably forever forbid their living together upon the footing of perfect equality;and inasmuch as it becomes a necessity that there must be a difference,I,as well as judge douglas,am in favor of the race to which I belong having the superior position.I have never said anything to the contrary. As a member of the Sons Of Confederate Veterans,I am outraged at the bigotry and blatant racism that lincoln exhibited throughout his miserable life.I believe that a man should be judged by his heart and his mind and his actions!The Confederacy was a Country of small,limited government,controlled by the States!We could use a healthy dose of this today!I believe it is time for Secession again!!!

Posted by: Tara Location: Pocahontas, AR on Aug 13, 2008 at 04:36 PM
I fly the Confederate Flag NOT the American flag, and I guess that makes me a bad person, I chose not to fly the American flag for I have that right. And cant nobody tell me a dern thing and cant change my mind either because its my right just as it is anybody else's. But to debate this and say its used as a hatred, eh no, South didnt only have slaves THE NORTH DID TOO!!!! So blacks shouldn't hate whites who are from the south just because they fly a confederate flag. I have to agree with those below me EXCEPT XAVIER who obviously is black, and doesn't have any sense. Go back to school and learn it the RIGHT WAY not the way your parents taught you!

Posted by: Jarod Location: Missouri on Aug 13, 2008 at 04:12 PM
It seems as though Xavier is a little on the unenlighten side. As several people have pointed out, the Confederate flag is a symbol of Southern pride NOT prejudice. Its racial overtones are only there if you choose to put them there. The flag is just that, a flag. I've lived in the Kansas City area for most of my life and have seen the words and actions of a few "idiots" mar the goodness in the name of Southern pride. I say, "Hey jag-off, take my flag off your wanna be fatigues and find a new symbol or banner to follow. To all those who seek Southern pride, let's take back our flag from those who defile it.

Posted by: Anonymous on Aug 13, 2008 at 03:34 PM
It shouldn't really matter what the students wear b/c somthing will always offend someone. where do we draw the line? maybe a malcolm x shirt offends me, or a shirt with the mexican flag might offend me. Peace sighns and tie die shirts are for hippys and that might offend some. The point I am trying to make is you can't pick and choose and still be fair. In my opinion the best solution would be to use school uniforms. If everyone is wearing the same attire then their couldn't be anyone offended.

Posted by: Cactus Location: Strabane, NC on Aug 13, 2008 at 03:23 PM
Xavier: "a time and place long forgotten". Not according to the NAACP, Jessie Jackson and Al Sharpton.

Posted by: Anonymous on Aug 13, 2008 at 02:56 PM
I think that it's time just to end the whole everybody is out to get me routine. Let's get out of this rut!! It's frustrating for me to see people still arguing about all this stuff. It's a flag. It doesn't have emotions, it doesn't do anything, but wave in wahtever breeze there is. If it offends you, LOOK AWAY!! Easy enough. If you don't like it, don't fly one in your yard. It's just that easy!! I'm from the north, and I was born and raised here. That doesn't mean that I don't know about what's happened in the past. People who are against the confederate flag are NOT victims. They just aren't. They are someone who thinks that the rest of the world should think like they do. If I don't like something, I turn off the TV, or the radio, or close the newspaper. I don't get all freaked out about it, saying that people are out to get me.

Posted by: Terry Location: Ohio on Aug 13, 2008 at 02:39 PM
Let's face the facts -- Lik it or not The Confederate flag is part of our History. Hav we done away with the Union Battle Flag? NO.. So why do away the the Confederate Battle Flag?

Posted by: Jim Location: Ca on Aug 13, 2008 at 02:22 PM
The war is over folks, move on.

Posted by: william Location: Tennessee on Aug 13, 2008 at 01:35 PM
HI, i support with them, but i live in tennessee (southern guy ) but i point that Tennessee have been history of confederate Civil war area, then honor of that! it is not harrement with dress code, recpectly !

Posted by: Zac Location: USA on Aug 13, 2008 at 01:20 PM
The confederate flag signifies the oppression and attempted prolonged bigotry of slavery. That is the primary reason the south broke away. I am of many heritages a pure American Mutt. I have ancestors who fought and owned slaves in the south, and ancestors who fought for the north. The confederate flag does have a significant symbol of pride "WHITE PRIDE". The confederate flag is to me what a Nazi flag is go a Jew an attempted symbol of racial repression. Some might say the Civil War was fought over economic reasons, it was slavery was too big of a trade to just drop the way the north knew was necessary. It was the solo catalyst for many American deaths. I find the flag offensive but I believe the constitution is clear on symbols and freedom of speech however I agree these symbols as well as gang symbols should not be allowed in public schools due to it being a potential distraction.

Posted by: KATYDID Location: TEXAS on Aug 13, 2008 at 01:13 PM
THE CONFEDERATE FLAG WAS THE FLAG OF THE SOUTHERN STATES. IT HAD NOTHING TO DO WITH SLAVERY OR RACISM. IT WAS ALL ABOUT BEING FROM THE SOUTH.

Posted by: Randy Location: Knoxville on Aug 13, 2008 at 01:10 PM
For years that flag has flown through out the south. Not as a symbol of hatred or racism but as a symbol of the south. Yes my ancestors fought and died for the Confederacy. They did not fight for slavery but rather to defend their homeland. The Civil War was not fought because of slavery. As a matter of fact a black confederate soldier was paid more than the northern soldiers. Read your history. I applaud this young man for standing up for what he believes in. Maybe we all should stand up and say enough is enough. If you don't like the flag move to a northern state. This is the South and this flag needs to be flown. I will fly my flag and wear my clothes. Not to offend people but to support my heritage as well. We need to put this issue to rest once and for all. The american people need to understand our history and quit telling Southerners what to do and how to do it. Stand up people of the South. THIS IS YOUR FLAG!!!!

Posted by: Jason Location: Kabul, Afghanistan "Straw Plains is home" on Aug 13, 2008 at 11:11 AM
It seems that the people offended by this are the ones that do not have their own heritage that is worth showing off! I am also in total shock that since I am a fan of the flag, I am a poor white man that needs something to grab on to that symbolizes my “White Trash Roots”! This is how I took the post from the gentleman that so gracefully insulted all persons that have pride in the ancestry of the south. And just as an enlightening moment, I would like to know where this individual has obtained the demographics that suggest the only people that honor the Confederate battle flag are “Poor White People?” I would be happy to see a study of some sorts that has scientific findings to suggest this other than the liberal hippie publications and Tree Hugger Weekly! I hope this person can find a way to remove this belief that we are white trash rednecks that cannot wait on the 1st of the month so we can go get more beer and chew so we can get drunk and scream racial slurs at people!

Posted by: Daniel Location: Bulgaria on Aug 13, 2008 at 09:51 AM
Yes we should be able to wear our flag any were we are and not have people questionin if its racist or not. WERE SOUTHERN

Posted by: joan Location: knoxville on Aug 13, 2008 at 07:28 AM
A born and bred Northenor. It does signifiy the war between the north and south - but that was eons ago. There is more to be conserned about in this world that a confederate flag. Reminds me of my father-in-law and a hard time over burned barns I had. A right I suspect, does m ake me feel it is out-of-date in this day and age.

Posted by: Rev.Bill Location: Chattanooga on Aug 13, 2008 at 03:02 AM
Xavier apparently knows more about my financial situation than my wife and I. Poor whites indeed, wait a second, I'm 1/4 Cherokee, but still I wasn't aware that being poor made one a fan of Confederate Battle Flags. I appreciate being so informed. So much for opinions, how about facts. The KKK in its second incarnation starting in 1920 only had 2 official symbols. During the KKK million man march in 1923 there were thousands of American Flags and a cross or two. Nary (means zero Xavier) a Confederate Flag of any kind. During the School integration of 1950-60's there were indeed a few idiots who misused one or more Confederate Flags. Those same ignorant folks still misuse the American Flag, the Christian Cross and even our beloved Confederate Flags. The Confederate Flags represents brave soldiers fighting against overwhelming odds in the face of near certain defeat. We Southerners tend to honor brave folks Whether at the Alamo, Thermopylae, or our Confederate Soldiers.

Posted by: JEN Location: TENNESSEE on Aug 13, 2008 at 01:21 AM
THIS IS JUST ANOTHER ATTEMPT TO TAKE AWAY OUR CIVIL RIGHTS, WHAT HAPPEN TO COMMON SENSE? I AM NOT A RACIST BY ANY MEANS, I DO BELIEVE THE CONFEDERATE FLAG IS PART OF OUR HISTORY AND HERITAGE. AND I TAKE PRIDE IN MY HERITAGE, IT IS NOT A RACE ISSUE. IF THE SKINHEADS AND OTHER HATE GROUPS WOULD GET THEIR OWN FLAG AND LEAVE OURS ALONE THIS WOULD NOT BE AN ISSUE.

Posted by: Jack Location: Knoxville on Aug 12, 2008 at 11:56 PM
This confederate flag issue that someone is offended because someone at his school ,who is black,the confederate flag can be used as a southern heritage image,if I forexample choose to fly it,and,someone is offended,then its ok to ban it,should we not do the same with Christian clothing,If someone is offended like a unbeliever?You had on the news tonight at 11 of clock were a woman was kicked out of a mall.Now this I agree with,she should have been kicked out,but she thought it was a shame that she was kicked out because she bought a dress at a store in the mall,and that makes it ok. What she was wearing was very inappropiate for her to be wearing ,or wearing it in public.This issue of the confederate flag is foolish,if we get offended every time that someone was to wear something,then we'd pretty soon would run out of things to wear. Its ok to be offended when someone is revealing theirselves,or encouraging bad behavior ,like a crime or something,but, just to knit pick.

Posted by: Ken Location: Knoxville on Aug 12, 2008 at 09:17 PM
Slavery existed under the US flag for some 75 years prior to the outbreak of the Civil War. I don't think this would even be a issue if it wasn't for the hate groups misuse of the flag. The hate groups have even marched under the US flag.

Posted by: stan Location: jefferson city on Aug 12, 2008 at 08:16 PM
I believe in the confederate battle flag as my GGrandfather fought on the Southern side, and it is not racism to display the flag except when the stupid skinheads and others use the flag for their stupid cause

Posted by: Daniel Location: Briceville, TN on Aug 12, 2008 at 07:56 PM
As a Graduate of the Class of 2006 at Anderson County High Schoo, I would like to say that Greg Deal is a LIAR! I wore the "confederate flag" tshirts from the time I arrived at ACHS (which was the 2002-2003 school year) till the year I graduated. I was even given In-School Suspension for wearing them my sophomore year. Nobody started wearing the shirts just because two african american students showed up. They wore them from the day ACHS opened up in Clinton. Greg Deal just thinks he can outlaw them and change everybodys beliefs! HE IS WRONG! Ask anybody that Graduated in 2006...We all wore the t-shirts ALL ALONG! There isn't anything bad about them. The flag just has meaning! HERITAGE...NOT HATE!!!

Posted by: Xavier Location: Knoxville on Aug 12, 2008 at 07:40 PM
I'm completely dumbfounded and baffled that in 2008 we are still having a debate about the Confederate flag. Excuse me for being a history buff, but the last time I checked, the Confederacy is no longer and has not been since 1865. Now if these students want to wear a flag, wear the American flag. The last time I checked, it's the only flag we Americans salute and pledge our allegiance to. As a southerner, I feel no loyalty or sentiments of heritage of a Confederate flag. I would hope that people would not be so naive as to sum up the depth of their heritage to a piece of cloth that is primarily worn by poor whites, White suprimicists of all econmics backgrounds, or members of the KKK. There are other inviting, non-offensive ways to celebrate Southern Heritage. A played out flag from a time and place long forgotten is not one of them.

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