The Mississippi state flag incorporates the Confederate battle emblem – the Rebel X – in the top left corner, and is the only state flag that continues to include Confederate imagery. Reed Smith’s Scott has provided ongoing pro bono representation to Moore in the case – Carlos E. Moore v. Governor Dewey Phillip Bryant – in which Moore alleges that the flag is a form of government speech that endorses white supremacy and the second-class status of African Americans. In his lawsuit, Moore has cited both adverse emotional and physical issues brought on by ongoing exposure to the Confederate imagery.
“This case presents an extremely important and crucial opportunity for the Supreme Court to decide a case that involves equal rights and protections afforded by our Constitution,” Scott said. “This flag is an offensive symbol, and the time is long past due that all citizens of Mississippi are freed from racially disparaging imagery that promotes racial violence and hatred.”
The cert petition was filed in appeal to a decision by the Fifth Circuit Court of Appeals in March that dismissed Moore’s lawsuit on standing.
According to the petition, “The message in Mississippi’s flag has always been one of racial hostility and insult and it is pervasive and unavoidable by both children and adults, with the flag flying ‘atop the state capitol, on state property, in all state office buildings, . . . at or near all public school property’ and in state courtrooms. The state’s continued expression of its message of racial disparagement sends a message to African-American citizens of Mississippi that they are second-class citizens and ‘encourages or incites private citizens to commit acts of racial violence.’”
Moore originally filed a lawsuit in U.S. District Court in early 2016. Judge Carlton Reeves dismissed the suit based on lack of standing, yet in his opinion he discussed in detail the racially motivated origins of the Mississippi flag and its offensive and divisive meaning. Moore appealed to the Fifth Circuit Court of Appeals, which dismissed the case March 31.
The cert petition requests review by the Supreme Court, citing an “erroneously narrow view of the Equal Protection Clause” by the Fifth Circuit, in direct conflict with earlier decisions by the Supreme Court. The petition also suggests that the Fifth Circuit’s opinion goes against previous decisions in the Supreme Court and courts of appeals that “unconstitutionally expresses a preference for one group of citizens over another.”
About Reed Smith
Reed Smith is a global relationship law firm with more than 1,700 lawyers in 27 offices throughout the United States, Europe, Asia and the Middle East. Founded in 1877, the firm represents leading international businesses, from Fortune 100 corporations to mid-market and emerging enterprises. Its lawyers provide litigation and other dispute resolution services in multi-jurisdictional and other high-stakes matters; deliver regulatory counsel; and execute the full range of strategic domestic and cross-border transactions. Reed Smith is a preeminent advisor to industries including financial services, life sciences, health care, advertising, entertainment and media, shipping and transport, energy and natural resources, real estate, manufacturing and technology, and education. For more information, visit reedsmith.com.
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