Publication Date



42 p. ; An outstanding student paper selected as a winner of the Law Alumni/ae Association Prize.


Until recently, South Carolina has flown the Confederate battle flag over the statehouse, now flown over a confederate monument a few yards away as a result of legislative compromise. In response to South Carolina\'s conduct, the NAACP has greeted visitors to South Carolina at interstate roadside information centers by peacefully picketing, leafleting, and informing them about the economic boycott of South Carolina. They have informed these traveling citizens of the interesting phenomenon of continued state flying of a symbol routinely exploited associated with racist messages by the Ku Klux Klan and European-American Unity and Rights Organization (EURO, led by David Duke of Louisiana). Members of EURO have also appeared at the rest areas in response to the NAACP presence. South Carolina\'s Attorney General, Charlie Condon, now attempts to require prior permitting of NAACP and EURO activities at eight rest stops, including seven interstate highway and one noninterstate, federally funded highway stops. He also seeks declaratory judgment that their speech activities are a "public nuisance" that may imperil traffic safety and encourage "highway hypnosis." He requests the state court to find that NAACP and EURO speech violates state and federal law and highway safety regulations "and conforming state policies" because it may encourage drivers to avoid the rest areas because NAACP and EURO visitors have expressed political views rather than encouraged drivers to rest at rest areas. The South Carolina sign in the information/area prohibits meetings or other group activities and commercial use. Attorney General Condon also seeks to collect from the NAACP and EURO the costs of police and public safety services occasioned by their activities at the Welcome Centers. This paper addresses relevant issues about this subject.


University of New Mexico School of Law

Document Type

Student Paper



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