Freedom of speech and the confederate flag in art

Timothy Desmond, a local Fresno artist and Civil War buff, submitted a painting called “The Attack” to the Big Fresno Fair last year. It depicts confederate soldiers before the 1864 siege of Atlanta. The fair rejected the painting, however, because it depicts the Confederate Flag. California passed a law two years ago restricting the flag’s public display. Now the painter is suing the state and the fair. Did the fair violate Desmond’s free speech rights?



  • Erwin Chemerinsky - constitutional law professor and dean of UC Berkeley School of Law