1992 U. Ill. L. Rev. 979 (1992)
Standing Guard for the P.C. Militia, or, Fighting Hatred and Indifference: Some Thoughts on Expressive Hate-Conduct and Political Correctness

handle is hein.journals/unilllr1992 and id is 989 raw text is: STANDING GUARD FOR THE P.C.
MILITIA, OR, FIGHTING HATRED
AND INDIFFERENCE: SOME
THOUGHTS ON EXPRESSIVE
HATE-CONDUCT AND POLITICAL
CORRECTNESS
Robin D. Barnes*
I. INTRODUCTION
On a recent visit to my hometown I ventured to a travelling amuse-
ment park, the County Fair, where I enjoyed the games, food, and
atmosphere. While awaiting the emergence of my young Asian foster
daughter from an oscillating ride called the Rainbow, its brilliant and
vivid colors served to strengthen my commitment to celebrating the
diversity that I consciously seek to bring into my world. Adjacent to
the ride was a glass booth housing the disc jockey for this particular
amusement. One panel of the enclosure faced the viewing public and
prominently displayed a Confederate flag. Upon closer inspection it
turned out to be the Georgia State Flag, but those identifying marks
were folded under and hidden from view. I promptly located the
manager to register my protest, knowing all along that the First
Amendment would rise from the ashes of my burning discontent, as it
probably should, to protect public display of that symbol.'
Associate Professor of Law, University of Connecticut School of Law. B.A., J.D., University
of Buffalo Law School; LLM., University of Wisconsin Law School.
These comments originally were presented before an audience that provided a built-in mecha-
nism, the question and answer period, for clarification of the views expressed as well as a broader
context for discussion that is difficult to capture in print. Therefore, I offer many thanks to those who
offered comments on drafts of this speech in an effort to make it as clear and concise as possible within
the constraints of necessary page limitations. Jim Stark, Sue-Ann Nazario, and Ted Shaw posed ques-
tions and offered insight that proved valuable to the organization and production of a working draft.
Jeremy Paul challenged me to take a stand with a brand of clarity and conviction lacking in all but the
final version; I deeply appreciate his encouragement and support. My editor, Brad Johnson, exercised
infinite patience and provided superb editorial comments.
1. See generally James Forman, Jr., Driving Dixie Down: Removing the Confederate Flag from
Southern State Capitols, 101 YALE L.J. 505 (1992). The author makes a compelling argument under
both First and Fourteenth Amendment Equal Protection analysis for removing Dixie from state
flags. This particular form of government speech can be traced to invidious racial discrimination.
Most notable is the resurgence of Dixie during the late Alabama Governor George Wallace's Segre-
gation Forever Campaign; Dixie is reemerging, yet again, among Skinhead groups. At the numerous

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?