• Jonathan Di Carlo

The Legal Protection of Monuments to the Southern Confederacy

This research project explores the history of the legal protections of Confederate Monuments throughout the from the 1960s through the present day. This project looks at federal and state level legislation that has been either co-opted or explicitly created to protect Confederate Monuments. This project also looks at the efforts to protect Confederate Monuments at the intersection of American Conservatism and African American history.


This project is an extension of my undergraduate research thesis which was entitled: The Confederacy Still Speaks: The Legal Protection of Monuments to the Southern Confederacy from Historic Preservation to Government Speech Doctrine.


Over the summer of 2021, I will be visiting the National Archives as well as the archives of the National Parks Service which manages the National Registry for historic preservation. This page will be updated as my research progresses.



Historiography Consulted:


Advisory Council on Historic Preservation. Policy Statement on Controversial

Commemorative Works. March 22, 2018.


Blight, David W. American Oracle: The Civil War in the Civil Rights Era. Cambridge, MA:

Harvard University Press, 2011.

Blight, David. W. Race and Reunion: The Civil War in American Memory. Cambridge, MA:

Belknap Press of Harvard University Press, 2003.

Bonner, Robert E. “Flag Culture and the Consolidation of Confederate Nationalism.” The

Journal of Southern History 68, no. 2 (2002): 293-332.

Cox, Karen L. No Common Ground: Confederate Monuments and the Ongoing Fight for

Racial Justice. Chapel Hill: University of North Carolina Press, 2021.


Kytle, Ethan J., and Blain Roberts. Denmark Vesey’s Garden: Slavery and Memory in the

Cradle of the Confederacy. New York: The New Press, 2019.


Goldberg, Steven H. “The Government-Speech Doctrine: ‘Recently Minted;’ but

Counterfeit.” University of Louisville Law Review 49, no. 1 (2010): 21-57.


Gunteer, Booth and Jamie Kizzire. Whose Heritage? Public Symbols of the Confederacy.

Southern Poverty Law Center.


Hahn, Barbara. "Conflicting Commemorations: Past and Present in Confederate

Memorialization." Management & Organizational History: M&OH 13, no. 4 (2018): 397-

403.

Levinson, Sanford. Written in Stone: Public Monuments in Changing Societies. Durham:

Duke University Press, 2018.

Lineberry, Amanda. "Payne V. City of Charlottesville and the Dillon's Rule Rationale for

Removal." Virginia Law Review 104 (2018): 45-57.

Lippard, Cameron D. "Heritage or Hate?: A Pedagogical Guide to the Confederate Flag in

Post-Race America." Learning and Teaching 10, no. 3 (2017): 56-78.

Manrantonio, Nicole. Confederate Exceptionalism: Civil War Myth and Memory in the

Twenty-First Century. Lawrence: University Press of Kansas, 2019.

O’Connell, Heather A. “Monuments Outlive History: Confederate Monuments, the Legacy of

Slavery, and Black-White Inequality.” Ethnic and Racial Studies 43, no. 3 (2019): 460- 78.

Phelps, Jess R. and Jessica Owley. “Etched in Stone: Historic Preservation Law and

Confederate Monuments.” Florida Law Review 71, no. 3 (2019): 627.

Richardson, Heather C. How the South Won the Civil War. Oxford University Press:

Cambridge, MA, 2020.

Richardson, Heather C. The Death of Reconstruction: Race, Labor, and Politics in the Post-

Civil War North, 1865-1901. Cambridge, MA: Harvard University Press, 2001.

Richardson, Heather C. "The Language of Patriotism." The New Republic 249, no. 9 (2018):

4-6.


Richardson, Heather C. "A Marshall Plan for the South? The Failure of Republican and

Democratic Ideology During Reconstruction." Civil War History 51, no. 4 (2005): 378-87.


Webster, Gerald R., and Jonathan I. Leib. "Whose South is it Anyway? Race and the

Confederate Battle Flag in South Carolina." Political Geography 20, no. 3 (2001): 271-99.

Winberry, John J. “Lest We Forget: The Confederate Monument and the Southern

Townscape.” Southeastern Geographer 55, no. 1 (2015): 19-31.