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Confederate Flag Plates Ruled Free Speech

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Associated Press

The Confederate battle flag on special Maryland license plates is protected by the 1st Amendment and cannot be banned, a federal judge ruled Monday.

U.S. District Judge Frederic Smalkin agreed with the Sons of Confederate Veterans that the Motor Vehicle Administration should not have recalled the plates after complaints that the flag is offensive because of its ties to slavery.

“The court just made it real clear you can’t discriminate against this group because of its political viewpoint,” said David Melton, an attorney who represented the Confederate group.

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The state has issued special plates to more than 300 nonprofit organizations. About 80 plates had been issued to members of the Sons of Confederate Veterans over the past several years.

After black lawmakers complained, Motor Vehicles Administrator Ronald Freeland recalled the plates Jan. 2. The Sons of Confederate Veterans then sued.

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