Property Rights, First Amendment at Issue Over Confederate War Memorial

150 years ago yesterday Robert E. Lee surrendered the Army of Northern Virginia to Ulysses S. Grant and the Army of the Potomac, ending the Civil War. The ancestors of the Confederacy not live in a country protected by the First Amendment.

1 minute read

April 10, 2015, 9:00 AM PDT

By James Brasuell @CasualBrasuell


"Not surprisingly, the Sons of Confederate Veterans believe the controversy swirling around the memorial to Confederate war dead that they’re building in the east Texas city of Orange is overblown, if not entirely unfounded," reports Peter Holley.

Construction of the $50,000 monument, located near Martin Luther King Jr. Drive, began in 2013, "despite strenuous objections from some locals," according to Holley. The controversy recently increased "after the Sons of Confederate Veterans announced that they have ordered eight custom-made poles for Confederate battle flags that will, Davis said, increase the visibility of the monument alongside Interstate 10, not far from the street named after King, the slain civil rights leader."

The local newspaper conducted a survey, finding that 77 percent of Orange residents support the memorial. "Many of them aided in its construction by purchasing bricks at $50, $300 and $500 and benches at $800, according to the group’s Web site."

Orange City Attorney John Cash "Jack" Smith does not support the memorial, but he also explains the constitutional issue at stake: "I don’t like it," he told the Beaumont Enterprise. "I think it’s a bad idea. But they own the property, and the First Amendment warrants them that right."

Wednesday, April 8, 2015 in The Washington Post

Large blank mall building with only two cars in large parking lot.

Pennsylvania Mall Conversion Bill Passes House

If passed, the bill would promote the adaptive reuse of defunct commercial buildings.

April 18, 2024 - Central Penn Business Journal

Street scene in Greenwich Village, New York City with people walking through busy intersection and new WTC tower in background.

Planning for Accessibility: Proximity is More Important than Mobility

Accessibility-based planning minimizes the distance that people must travel to reach desired services and activities. Measured this way, increased density can provide more total benefits than increased speeds.

April 14, 2024 - Todd Litman

Rendering of wildlife crossing over 101 freeway in Los Angeles County.

World's Largest Wildlife Overpass In the Works in Los Angeles County

Caltrans will soon close half of the 101 Freeway in order to continue construction of the Wallis Annenberg Wildlife Crossing near Agoura Hills in Los Angeles County.

April 15, 2024 - LAist

View of downtown Seattle with Space Needle and mountains in background

Eviction Looms for Low-Income Tenants as Rent Debt Rises

Nonprofit housing operators across the country face almost $10 billion in rent debt.

April 23 - The Seattle Times

Rendering of Brightline West train passing through Southern California desert

Brightline West Breaks Ground

The high-speed rail line will link Las Vegas and the Los Angeles area.

April 23 - KTLA

Aerial view of gold state capitol dome in Denver, Colorado and Denver skyline.

Colorado Bans No-Fault Evictions

In most cases, landlords must provide a just cause for evicting tenants.

April 23 - Colorado Politics

News from HUD User

HUD's Office of Policy Development and Research

Call for Speakers

Mpact Transit + Community

New Updates on PD&R Edge

HUD's Office of Policy Development and Research

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.