That Confederate Flag at the South Carolina Capitol is Unconstitutional

And all the streets named for Confederate generals, too.

Unconstitutional, you say? Surely not; how does a state flying some ol' flag violate anyone's constitutional rights? The answer is simple: it's about what it expresses, namely white supremacy. (People try to deny that. They have about the same success as people who try to deny global warming, evolution, or that the earth is round.) So now let's ask: are state governments allowed to express white supremacy? No! That's an easy one. Imagine if the South Carolina state legislature passed a resolution declaring the white race superior to the Negro race (and all the other ones), and that society ought to be run as a racial caste system with whites at the top and Negroes at the bottom. This wouldn't deprive any black people of any material goods or tangible rights, and yet I don't think it's all that radical to say that this would be unconstitutional. Or maybe it is, I don't know. But it seems obvious to me. I think the Fourteenth Amendment requires all states not merely to treat all of their citizens as equals but to believe that all of their citizens are equals. In practice this means they're not allowed to do anything that signifies or evinces a belief in the inferiority of some citizens, even if that thing has no tangible, non-expressive effects. And, y'know, I think it's about as safe to say that flying the Confederate flag in front of your state capitol expresses a belief in the inferiority of African-Americans as it is to say that imposing a scheme of comprehensive racial segregation expresses that belief. Hence the unconstitutionality thing. If someone wanted to sue South Carolina in federal court seeking an injunction ordering them to take the flag down, I would say without much doubt that the injunction should issue.

And the same is true in principle of all the Confederate-named streets. The only tricky part is that it's not as clear, like, at what point the street names become an endorsement of white supremacy. Calling U.S. Route 1 the "Jefferson Davis Highway" throughout much of the South is a pretty clear violation, but surely any ol' Davis St. or whatever isn't. And is the rule that there can never be any streets clearly named for prominent Confederate figures, or just that there shouldn't be too many of them? I dunno, and trying to adjudicate these sorts of claims might be a morass into which the courts would be wise not to venture, given the minimal tangible stakes. But the principle of the thing is the same. Any state "celebration" of its white supremacist history, and especially of its Confederate history, that does not in any way acknowledge and repudiate the deep evil of the Confederacy and of the ideology to which it was dedicated is itself a tacit expression of white supremacy and is hence unconstitutional.