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Yes, the federal government cannot pass a law that infringes upon a person's right to free speech -- and displaying the confederate flag is a form of free speech. However, a government CAN remove images of the confederate flag from government property (i.e., redesigning state flags that include the stars and bars, etc.) Since the confederate flag has racist connotations, it would not be unreasonable for states to remove the confederate flag from statehouses and other government property. Private citizens could still fly the confederate flag exactly the same way that they are still allowed to display swastikas without government interference.

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