Leake v. Drinkard, No. 20-13868 (11th Cir. 2021)Annotate this Case
A member of Sons of Confederate Veterans applied to participate in the Old Soldiers Day Parade, a pro-American veterans parade funded and organized by the Alpharetta, Georgia, and was informed that the organization could participate if it agreed not to fly the Confederate battle flag.
In a suit under 42 U.S.C. 1983, alleging that the City violated the First and Fourteenth Amendments, the district court held that the Parade constituted government speech and entered summary judgment against the Sons. The Eleventh Circuit affirmed. Governments “are not obliged under the First and Fourteenth Amendments to permit the presence of a rebellious army’s battle flag in the pro-veterans parades that they fund and organize.” In 2015, in Walker v. Texas Division, Sons of Confederate Veterans, the Supreme Court clarified that, “[w]hen [the] government speaks, it is not barred by the Free Speech Clause from determining the content of what it says.”