University of Virginia Library

ACLU Challenges Flag Ban,
Cites Constitutional Violation

By NEILL ALFORD III

The American Civil Liberties Union
will challenge the University Athletics
Department's ban on flags at sports
events, a local spokesman has stated.

Phillip J. Best, Chairman of the Board
of Directors of the Central Virginia
Chapter of the ACLU, said that the
organization would help to provide legal
counsel for someone wishing to challenge
the ruling in court.

Mr. Best said that the ACLU believes that
the ruling is a "clear violation" of the First
Amendment guarantee of freedom of speech.

The Athletic Department imposed the ban
after several Black students complained two
weeks ago when a White student waved a
Confederate flag at the football game with
Duke. The ban covers all flags except for
college pennants, the U.S. National flag, and
the Virginia State flag.

Acting on a motion by Robert P. Dwoskin,
a Charlottesville attorney, the Board of
Directors of the local ACLU chapter
unanimously resolved to challenge the ban.

Mr. Best said that the organization believes
that a student should be permitted to wave a
banner of any type, under his constitutional
right to freedom of speech.

Henry B. Gordon, a local attorney, has
agreed to act as legal counsel if the ACLU
succeeds in finding someone to challenge the
ruling against flags.

Mr. Gordon stated that he feels "a student
should be able to wave any flag whether it is a
Confederate flag, or a Viet Cong flag, or what."

"A rule should not be made solely on the
basis of the content of the belief expressed.
Perhaps if the complaint had been about a Viet
Cong flag or something similar, the student
body's attitude would have gone in the
opposite direction," Mr. Gordon said.

A violation of the ban occurred last week
when several students brought a large banner to
the football game. The students waved the
banner, which bore the words "Stop
Expansion", in the direction of the box where
President Edgar F. Shannon and Governor
Lynwood Holton were seated.

They then rolled up the banner and
presented it to President Shannon, who waved
the bundle to the crowd.

Brian Siegel, a member of the Judiciary
Committee, said that no one has made a
complaint to the committee about the banner.

"Even though the rule was promulgated as a
result of the Confederate flag incident, it
applies to all flags in the stadium and should
not be selectively enforced," Mr. Siegel said.

Dean of Students Robert T. Canevari said
that he wishes to discuss the incident with
Howard Gordon, a member of the Judiciary
Committee, although he does not plan to make
a formal complaint.

Mr. Gordon stated that if the matter ever
comes before the committee, the students will
not be severely sentenced if they are found
guilty of violating the ban.

Mr. Henry Gordon, the attorney who may
fight the rule in court, said "an offense against
someone's sensibilities is an exercise of
individual rights." He stated that, whether or
not the Confederate flag appeared as a symbol
of racism, the students are entitled to wave it.