Coleman, an African-American, alleges that the flying of the Georgia flag, which incorporates the Confederate battle flag emblem, violates his constitutional rights to equal protection and freedom of expression. Click the citation to see the full text of the cited case. See Whiting v. Traylor, 85 F.3d 581, 584 n. 4 (11th Cir. See Hunter v. Underwood, 471 U.S. 222, 225-26, 105 S.Ct. 1990), in which a group of African-American plaintiffs challenged the flying of the Confederate flag above the Alabama capitol dome. Brown v. Board of Education, 349 U.S. 294, 299, 75 S.Ct. Because, as appellant concedes, the flag and the 1956 statute adopting the current design are facially neutral, he must satisfy a two-pronged test in order to maintain an equal protection claim. at 1562 ("Because of the controversial concerns raised in this case, it is important that all issues be laid to rest on the merits."). 873 (1954) ("Brown I"), and, a year later, the Court ordered that the desegregation of public schools proceed "with all deliberate speed." We regret that the Georgia legislature has chosen, and continues to display, as an official state symbol a battle flag emblem that divides rather than unifies the citizens of Georgia. 1083 (1955) ("Brown II "), James Mackay, who was a member of the General Assembly in 1956, testified that "there was a movement across the South: 'Let's adopt the Confederate battle flag as a symbol of resistance to the law of this land.' The First Amendment prohibits governments from forcing an individual to be "an instrument for fostering public adherence to an ideological point of view he finds unacceptable." Because, as appellant concedes, the flag and the 1956 statute adopting the current design are facially neutral, he must satisfy a two-pronged test in order to maintain an equal protection claim. But because the Confederate battle flag emblem offends many Georgians, it has, in our view, no place in the official state flag. Appellant next argues that the Georgia flag violates his First Amendment rights by compelling him to endorse a message that he finds morally objectionable. at 1920 (quoting Underwood v. Hunter, 730 F.2d 614, 620 (11th Cir.1984)); see also United States v. Byse, 28 F.3d 1165, 1169 (11th Cir.1994) (discussing racial disparities in sentencing). 2d 222 (1985); Lucas v. Townsend, 967 F.2d 549, 551 (11th Cir.1992); East-Bibb Twiggs Neighborhood Ass'n v. Macon Bibb Planning & Zoning Comm'n, 896 F.2d 1264, 1266 (11th Cir.1989). After conducting two hearings to evaluate Coleman's claims, the district court concluded that he had failed to present sufficient specific factual evidence to support them and granted appellees' motion for summary judgment. See Reitman v. Mulkey, 387 U.S. 369, 380, 87 S.Ct. We recognize that the Georgia flag conveys mixed meanings; to some it honors those who fought in the Civil War and to others it flies as a symbol of oppression. 2d 388 ( 2000 ), In Re Access Beyond Technologies, Inc. , 237 B.R. Martin v. Commercial Union Insur. Coleman also offered the affidavit of another witness who testified that, in his opinion, the flying of the flag promotes violence against blacks and continues to represent a symbol of Georgia's efforts against integration. 1628 (1943) (prohibiting forced salute and pledge of flag). 2d 589 ( 2000 ), THOMAS CTY. Id. 1083 (1955) ("Brown II"). After conducting two hearings to evaluate Coleman's claims, the district court concluded that he had failed to present sufficient specific factual evidence to support them and granted appellees' motion for summary judgment.
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