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Banning the Confederate flag would be too restrictive over students’ freedom of expression

Controversy has erupted at Bryn Mawr College in Pennsylvania over a Confederate flag hung by two students in their dorm room. The students did remove the flag, but the issue has not quieted down. Many students are criticizing the college for its silence and inaction, have staged protests, and are demanding Bryn Mawr ban the flag from its campus.

The students who hung the flag described it as a symbol of their “southern pride,” but many minority students interpreted the symbol as one of racial intolerance, and felt their place at the college was threatened by its presence.

But students who grew up in southern states with different educational backgrounds may see the Confederate flag is a cultural symbol removed from any history of racial tension. South Carolina still flies the flag on statehouse grounds, but the state government of South Carolina would not sanction segregation or other overtly racist legislation. For some, the flag can be an expression of identity which does not necessarily carry a racist connotation.

To that point, the location of this controversy is critical. It would be difficult to imagine massive protests demanding the Confederate flag be banned from the University. It undoubtedly hangs in some dorm rooms on Grounds, though it impossible to tell how frequently. The overwhelmingly negative reaction to the flag at Bryn Mawr, a northeastern school, is likely the result of a greater number of students having been educated differently about the flag.

The argument that the Confederate flag can invoke attitudes of racial intolerance is certainly legitimate. But one cannot assume that a student intends to send that message when hanging the flag. It may be controversial, but displaying a Confederate flag is an act of expression which a college or university does not have the power to limit, just as it would not have the power to limit the expression of controversial political views which could potentially offend certain students. For example, if a student hung in a dorm window a campaign poster for Ken Cuccinelli, who has expressed opinions that gay people are “soulless” and “destructive,” LGBTQ individuals could argue the poster is disturbing to them. But a university would not have the authority to prohibit Cuccinelli campaign posters.

Though a university does not have the power to limit the free expression of students, the students of that university do have the power to enact meaningful change through education and dialogue. Demanding the students who hung the flag make a public apology, as the NAACP chapter at Bryn Mawr did, is not effective without making an effort to educate the community about why the presence of the flag might threaten African American students at the college. Civil discussion where both sides attempt to understand where the other is coming from would produce a more meaningful resolution than demands made based on premature assumptions about malicious intent.

There are certain symbols whose meanings are not contested, like a flag with a KKK symbol — a group whose expressed mission is racism. A university would have authority to remove such a symbol because it unquestionably makes an assertion of white supremacy, which would create a hostile environment for minority students.

Colleges and universities have an obligation to ensure students of all backgrounds feel welcome on their campuses, but they cannot overly constrain their students’ freedom of expression. In a case where a symbol can have different interpretations depending on your identity and upbringing, discussion among students about the issue must take the place of protests, rules and mandates.

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