A long-running feud over the Confederate battle emblem on the Mississippi flag is moving onto a new legal battlefield.
The 5th U.S. Circuit Court of Appeals in New Orleans is scheduled to hear arguments Tuesday over reviving a 2016 lawsuit filed by an African-American attorney, Carlos Moore. He contends the flag is “state-sanctioned hate speech.” In a state with a 38 percent black population, Moore says the flag sends an unconstitutional message that black residents, including his young daughter, are second-class citizens.
The flag has been used since 1894, causing division for generations. Opponents say it’s a reminder of slavery and segregation, while supporters say it represents history and heritage.
U.S. District Judge Carlton Reeves dismissed Moore’s suit in September, saying Moore lacked legal standing to sue because he failed to show the emblem caused an identifiable legal injury. Moore wants the appeals court to order Reeves to hold a full trial on his arguments.