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In Leake v. Drinkard, the United States Court of Appeals for the Eleventh Circuit addressed whether the City of Alpharetta, Georgia violated the First and Fourteenth Amendments by conditioning a pro-Confederacy group’s participation in a city-sponsored parade on the grounds that the group not fly the Confederate Battle Flag in its float. The plaintiffs-appellants, two members of the Roswell Mills Camp Sons of Confederate Veterans, filed a § 1983 action claiming that the City’s imposed condition violated their free speech rights under the First and Fourteenth Amendments. The United States District Court for the Northern District of Georgia determined the parade constituted government speech and granted summary judgment in favor of the City. The Eleventh Circuit affirmed, stating that “governments are not obliged under the First and Fourteenth Amendments to permit the presence of a rebellious army’s battle flag in the pro-veterans parades that they fund and organize . . . .”


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