Confederate Statute Removal

70 Stanford Law Review Online 82 (2017)

7 Pages Posted: 30 Oct 2017 Last revised: 31 Dec 2018

See all articles by Aneil Kovvali

Aneil Kovvali

Wachtell, Lipton, Rosen & Katz

Date Written: October 28, 2017

Abstract

Certain state governments have adopted statutes that are designed to prevent city governments from eliminating memorials to Confederate forces and leaders. Critics of these controversial statutes generally focus on the moral issue of preserving statues honoring white supremacy. This Essay highlights a different set of concerns: These statutes suppress the speech of cities while compelling them to make statements they disagree with, and they distort the political process in troubling ways. These concerns have clear echoes in constitutional doctrine, and represent a separate reason for removal of these statutes.

Note: Posted by permission of the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review Online at 70 Stan. L. Rev. Online 82 (2017).

Keywords: Constitutional Law, Municipal Free Speech, Political Process, Confederate Statues

JEL Classification: K10

Suggested Citation

Kovvali, Aneil, Confederate Statute Removal (October 28, 2017). 70 Stanford Law Review Online 82 (2017). Available at SSRN: https://ssrn.com/abstract=3061294

Aneil Kovvali (Contact Author)

Wachtell, Lipton, Rosen & Katz ( email )

51 West 52nd Street
New York, NY 10019
United States

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