Confederate Monuments as Badges of Slavery

17 Pages Posted: 18 Mar 2020

See all articles by Alexander Tsesis

Alexander Tsesis

Florida State University College of Law

Date Written: March 2, 2020

Abstract

This Essay develops a Thirteenth Amendment theory supporting the removal of Confederate symbols from government properties. It argues that such monuments to the Lost Cause are badges of slavery that should have no place in public squares.

The Essay discusses how white supremacist groups, such as those who participated in the 2017 Unite the Right March in Charlottesville, affectively draw together around monuments honoring leaders and soldiers who fought for the cause of slavery. Relying on the Thirteenth Amendment’s principles of freedom, states and municipalities can and should eliminate those monuments from their properties. Such policy initiatives communicate government’s disapproval of secession’s racist premises and advance the nation’s commitment to equal liberty untainted by the Confederacy’s peculiar institution.

Keywords: Confederate Symbols, Thirteenth Amendment, Hate Symbols, Hate Speech Confederate Monuments as Badges of Slavery

Suggested Citation

Tsesis, Alexander, Confederate Monuments as Badges of Slavery (March 2, 2020). Kentucky Law Journal, Vol. 108, No. 4, 2020, Available at SSRN: https://ssrn.com/abstract=3547484

Alexander Tsesis (Contact Author)

Florida State University College of Law ( email )

425 W Jefferson St
Tallahassee, FL 32301
United States

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