In January 1973, an African American EHS student and her mother asked for a permanent injunction against the school’s images. They did not file a new lawsuit; instead, they appealed under the Augustus v. Escambia School Board integration order on the basis that the symbols represented “symbolic resistance” to a court-ordered unitary school system. Winston Arnow, a federal district court judge, agreed. In a fourteen-page opinion, he called the Confederate icons “racially irritating,” declared they “generated a feeling of inequality and inferiority among black students,” and proclaimed them “a source of racial violence” at EHS. Because the county school board failed to resolve the conflict, Arnow reasoned, it violated earlier school desegregation mandates and he issued a permanent injunction against the “Rebels” nickname and all related imagery. His decision was not without precedent.
During recent debates over the flag, the history of the South sometimes appears as a straightforward tale of unrelenting proslavery leading up to the Civil War, Reconstruction, and the Jim Crow era. But there’s another aspect of southern history that is sometimes overlooked—the antislavery of the early antebellum era.