AZJoe
09-10-2016, 05:08 PM
California Outlaws History at Public Venues
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/09/01/california-bans-painting-of-civil-war-battle-from-county-fair-art-show-because-painting-includes-confederate-battle-flag/?utm_term=.99b22a96520e
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.” … the state is now reading this as prohibiting even the display of private citizens’ paintings in venues such as County Fair art shows, and even in a context where basically all other submissions are displayed …
A lawsuit filed by the Center for Individual Rights argues that this violates the First Amendment:
Timothy Desmond … is both an artist and a civil war buff. In 2015, Plaintiff created a painting called The Attack, which depicts a scene from the 1864 Siege of Atlanta. The painting included several individuals carrying flags, one of which was the Second National Confederate States flag …
the Fair displays artwork … Any resident of Fresno County may submit a painting for display… Plaintiff submitted The Attack to the 2015 Fair
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/09/01/california-bans-painting-of-civil-war-battle-from-county-fair-art-show-because-painting-includes-confederate-battle-flag/?utm_term=.99b22a96520e
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.” … the state is now reading this as prohibiting even the display of private citizens’ paintings in venues such as County Fair art shows, and even in a context where basically all other submissions are displayed …
A lawsuit filed by the Center for Individual Rights argues that this violates the First Amendment:
Timothy Desmond … is both an artist and a civil war buff. In 2015, Plaintiff created a painting called The Attack, which depicts a scene from the 1864 Siege of Atlanta. The painting included several individuals carrying flags, one of which was the Second National Confederate States flag …
the Fair displays artwork … Any resident of Fresno County may submit a painting for display… Plaintiff submitted The Attack to the 2015 Fair