Reading Room Document

Power of Congress to prohibit display of Confederate flag.

The document discusses the power of Congress to regulate the display of the Confederate flag, specifically in response to a constituent's letter urging legislation to make it illegal to display the flag. The conclusion reached is that while Congress may not be able to prohibit private display of the flag due to First Amendment protections, it is arguable that Congress could have the power to prohibit state display of the flag under the Fourteenth Amendment. The document also addresses the misunderstanding caused by a previous letter to Congressman Minish and the decision not to clarify the matter further. The questions presented for review include whether Congress has the power to regulate state display of the Confederate flag and whether further clarification should be provided to Congressman Minish.

June 1, 1965