The Mississippi State Legislature adopted the present-day state flag in February 1894, replacing the Magnolia flag. This flag has a replica of the Confederate battle flag in the canton corner, although the language of the act creating the flag does not say so.
Amidst tumult over the flag, the late Aaron Henry, a member of the Mississippi Legislature and president of the Mississippi Conference of the NAACP, introduced a bill to remove the battle flag from the state flag at the beginning of the 1988 legislative session. This bill was never brought to the floor for a vote, nor were any of the others he introduced in 1990, 1992, and 1993.20
Following the failure of these bills, the Mississippi NAACP filed a lawsuit April 19, 1993, in the Hinds County Chancery Court seeking “an injunction against any future purchases, displays, maintenance or expenditures of state funds on the State Flag” on the grounds that its display violated the “constitutional rights [of African-Americans] to free speech and expression, due process and equal protection as guaranteed by the Mississippi Constitution.”21 (figure 17)
After the Chancery Court dismissed the suit June 14, 1993, the NAACP appealed to the Mississippi Supreme Court. While adjudicating this case, the Court recognized the inadvertent 1906 repeal of the law establishing an official state flag.
Notwithstanding the fact that the state had no official state flag, the Supreme Court upheld the lower court’s dismissal of the suit. The Court further declared that the display of the flag, however offensive it might be to some citizens, “does not deprive any citizen of any constitutionally protected right.”
The Court further stated that a dispute over the adoption and display of a state flag is a political issue that must be resolved by the legislative and executive branches of state government and not the judiciary.22
Following this ruling handed down May 4, 2000, Governor Ronnie Musgrove, Lieutenant Governor Amy Tuck, and Speaker of the House of Representatives Tim Ford appointed a seventeen-member commission to consider the issue of an official state flag and a coat of arms.
Proposals for the new flag can be viewed at:
http://www.mcsr.olemiss.edu/~mudws/flag/
Following the failure of these bills, the Mississippi NAACP filed a lawsuit April 19, 1993, in the Hinds County Chancery Court seeking “an injunction against any future purchases, displays, maintenance or expenditures of state funds on the State Flag” on the grounds that its display violated the “constitutional rights [of African-Americans] to free speech and expression, due process and equal protection as guaranteed by the Mississippi Constitution.”21 (figure 17)
After the Chancery Court dismissed the suit June 14, 1993, the NAACP appealed to the Mississippi Supreme Court. While adjudicating this case, the Court recognized the inadvertent 1906 repeal of the law establishing an official state flag.
Notwithstanding the fact that the state had no official state flag, the Supreme Court upheld the lower court’s dismissal of the suit. The Court further declared that the display of the flag, however offensive it might be to some citizens, “does not deprive any citizen of any constitutionally protected right.”
The Court further stated that a dispute over the adoption and display of a state flag is a political issue that must be resolved by the legislative and executive branches of state government and not the judiciary.22
Following this ruling handed down May 4, 2000, Governor Ronnie Musgrove, Lieutenant Governor Amy Tuck, and Speaker of the House of Representatives Tim Ford appointed a seventeen-member commission to consider the issue of an official state flag and a coat of arms.
Proposals for the new flag can be viewed at:
http://www.mcsr.olemiss.edu/~mudws/flag/
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