Wrangling Controversial History and Freedom to Dress

A t-shirt design bears the Confederate battle flag, a common symbol in “Southern Pride” merchandise and apparel. Southern Pride in general is a popular genre of clothing among people below the Mason-Dixon. Photo Cred: The Dixie Shop

Ian Biles and Brayden Howard, Staff Writers for The Powderhorn

An older house with peeling siding, passed down from generation to generation with open pastoral fields and countryside for miles, is a common sight throughout Appalachia and the South. While plenty of residents proudly display an American flag in the yard, fewer choose to fly the flag of the long fallen Confederate States of America. Controversial at the very least, the battle flag of the Confederacy represents racist hatred to some, and familial heritage to others. While not the most salient of issues, this debate, of course, comes to schools across the country, including Watauga.

“I’ve heard heritage not hate, I’ve heard that it’s a flag of hate. I have some deeply rooted personal opinions,” said principal Scott Strickler. “But as a principal, I can’t forcefully just make other people do what I believe is the right thing. So we can go through the court cases.”

Throughout the years, the Confederate flag and symbols like it have been one of the most notable causes of controversy in school dress codes, dating back as far as Melton v. Young, a case from the 6th circuit in 1972.

“Students wore a Confederate flag patch and were suspended. They appealed to the 6th Circuit Court, which is the Court of Appeals, which said this isn’t a violation of free speech,” Strickler said. “You have to do a substantial disruption test. Did it cause a substantial disruption? Could it?”

The substantial disruption precedent was first established in Tinker v. Des Moines, a case from 1969 in which the Supreme Court declared that as long as students do not cause a substantial disruption, they maintain their First Amendment rights. This leaves the decision to preemptively ban symbols up to administrative judgment.

“Whenever one group of people, one side, even if it's a small group, says something is not okay, then do we just start banning everything?” Strickler said. “That’s where I hesitate in my personal feelings.”

Cases like this have arisen before, such as in Gilman v. Holmes from 2008, in which school authorities instructed students not to wear gay pride apparel and gear. Local courts ruled that this violated First Amendment rights, since students were non-disruptively protesting. This decision means that unless notable student complaints are raised, administrators are further prevented from making preemptive decisions.

“Just like Black Lives Matter has lots of different meanings, there are people using these symbols to represent something, and usually it’s something personal or familial to them," said Strickler. “How do you restrict that? School uniforms? No one wants school uniforms.”

Students’ perspectives on this issue are varied. Nuanced issues such as the use of Confederate symbolism can often create polarizing opinions among students.  Senior Aimee Griffiths disagrees with the faculty’s use of the “substantial disruption test” when discussing the Confederate flag, citing the symbol’s racist connotations. 

“When talking about the Confederate flag, it’s important to remember the history,” said Griffiths. “In the case of the Confederate flag, that history is littered with instances of racism and white supremacy. In the Civil War, the Confederates were fighting to maintain their right to ‘own’ enslaved people. I don’t believe that a symbol with such a deep history of racism and hatred should be allowed on a school campus.”

Creed Betz, a junior, has a different opinion on this issue. Betz agrees with the faculty’s stance on the “substantial disruption test,” saying in his interview that the Confederate flag should largely be treated as political speech rather than a hate symbol. Betz cited people’s potential ignorance as the main reason for his stance on the issue.

“[The Confederate flag] used to make me uncomfortable,” said Betz. “But then, over time, I realized that people who wear it, they don’t always realize or know everything that it represents. I feel like most people think about it as a symbol of southern pride and don’t really think about how the Confederacy turned out. I think that some people who choose to wear it do it for racist reasons, but most don’t do it out of a place of total racism.”

Dawson Hunt, a junior, agrees with Betz about his stance on the Confederate flag, stating in his interview that he believes that, although it toes the line between political and hate speech, the Confederate flag should be considered as protected political speech. Hunt emphasized the importance of freedom of expression. 

“If I were in charge of the dress code, I would probably allow people to wear it, just because I don’t want to restrict the rights of students to freely express themselves,” said Hunt.

Nationwide, about 20% of public schools require uniforms, and while for some this provides an easy solution, Watauga administrators choose to instead try to walk the fine line between student expression and accommodation for those who may be made uncomfortable.

“I’m just going to say uncomfortability is a part of being in school, but I don’t like that answer,” said Strickler. “I want everybody to come to school, to come to school as people, and be able to be here and be their fullest, which is why it’s hard to just say no.”