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Alex Demas is a reporter at The Dispatch and is based in Washington, D.C. Prior to joining the company in 2023, he worked in England as a financial journalist and earned his MA in Political Economy at King's College London.

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Would a bill in Utah ban pride flags from being displayed at schools in the state?

“The American Flag: An Encyclopedia of the Stars and Stripes in U.S. History, Culture, and Law” by John R.

Vile, Santa Barbara, CA: ABC-CLIO, 2019.

Southern Pride Fabrications Flag Company designs and handcrafts custom historical flags, including replica confederate, historical, and custom flags for the last 16 years.

ACLU says banning pride flag alone is viewpoint discrimination

The American Civil Liberties Union has taken the position that banning the Pride Flag alone would be a form of viewpoint or content discrimination prohibited by such decisions as United States v.

Town of Gilbert(2015).

“Pride Flags and Black Lives Matter Signs in the Classroom: Supportive Symbols or Propaganda?” by Eesha Pendharkar, Jan. 25, 2022.

Much as there was once controversy over what constituted the burning of an American flag, there might be some interpretive difficulty in deciding on the meaning of the word “display.”  Is, for example, a small image of a pride flag on a diversity inclusion statement that a teacher or counselor might display on a desk, a violation of the law?

If, as it appears, the legislation only bans actual flags, one might ask why a rainbow flag would be more provocative than the image of a pride flag emblazoned on a sweatshirt or jacket.

In Shurtleff v. Des MoinesIndependent Community School District (1969) (in that case wearing black armbands to protest the Vietnam War) had previously extended some rights of symbolic speech to public school children.

Some flags, most notably a flag representing the Ku Klux Klan or the Confederate States of America, might represent or provoke violence, and many schools have banned such flags or other attempts at symbolic intimidation.

“You are correct,” he answered when asked whether the pride flag could, for example, be displayed during a lesson about the gay rights movement.

The bill passed in a 49-20-6 vote on February 21 and was sent to the state Senate for review. The bill, titled “Flag Display Amendments,” was intended to ban political flags from being displayed on government property, and “prohibits a government entity or employee of a government entity from displaying a flag in or on the grounds of government property except certain exempted flags.” These exemptions include the U.S.

flag, Utah state flag, Indian tribal flags, official flags of colleges and universities, and, in the bill’s initial version, “a historic version of a flag … that is temporarily displayed for educational purposes.”

During a February 13 hearing, Lee told the committee that, in some circumstances, historical flags like the Nazi flag or Confederate flag could still be displayed as part of a school’s curriculum.

Boston, 596 U.S. ____ (2022), the Supreme Court ruled that a governmental entity, in this case Boston, that regularly allowed outside groups to fly their flag outside Boston City Hall, could not exclude a Christian flag, because earlier practice had established that such flags were acts of private, rather than public expression.

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Assessing Claims That a Utah Bill Would Ban Pride Flags but Allow Nazi and Confederate Flags

Alex Demas/

‘Political’ flags would be banned from public display but allowed temporarily as part of an approved curriculum.

Eichman (1990), have affirmed the right of protestors to burn the flag in protest of governmental policies as an act of symbolic speech, with due regard for time, place, and manner restrictions.

Pride Flags in Schools: The Legal Issues

By John R. Vile, published on February 24, 2024

Adobe Stock photo

Flags serve as important symbols.

Utah Republicans introduced a bill that would ban most flags—including pride flags—from being displayed on government property, including in schools.

… But Nazi & Confederate Flags Are ‘Okay’ For ‘Educational’ Use,” says another.

The claim is largely true but missing context.

In Melton v.

The Hill. Under the doctrine of government speech, it is not clear, however, whether this would apply to a law that banned all flags other than the national and state flags, especially in school settings that involve more impressionable students in a mandated setting. Taylor, 606 U.S. ____ (2025), the U.S. Supreme Court ruled that parents have the right under the free exercise of religion clause of the First Amendment to exempt their students from classroom presentations on gay marriage and trans students.

Education Week.

“Tennessee bill would ban pride flags from public, charter schools” by Tiah Shepherd, Dec. 19, 2023. Young(6^th Cir. (1972), A federal court upheld a public-school ban on wearing Confederate flag clothing on the basis that it could be disruptive. Viral social media posts claim that Republican state lawmakers are pushing legislation that would prohibit the symbol for gay pride while allowing Nazi and Confederate flags to be shown.