When a government entity arranges for the construction of a monument, it does so because it wishes to convey some thought or instill some feeling in those who see the structure.” The free speech clause does not regulate such government speech “ government entity has the right to speak for itself.” A monument, by definition, is a structure that is designed as a means of expression. Summum, the Supreme Court observed that “overnments have long used monuments to speak to the pubic…. In the 2009 case of Pleasant Grove City v. We honor American history and ourselves by recognizing who we are – blemishes and all. Where do we draw the line? Should we demolish the Washington Monument and rename the capital city? The removal of General Lee’s statue is an affront to our history and opens the door to the eradication of the Founding Fathers themselves who supported slavery at the time including Thomas Jefferson and George Washington. Lee retained his heroic veneer after the Civil War but now has fallen victim to the enormous pressure of historical revisionists who seek to eradicate our own history based on contemporary standards. Of course, history is written and viewed from the perspective of the victors and the losers are vilified. That said, the participating states under the Constitution had the legal right to secede notwithstanding the legitimacy of the slavery issue. The above position does not negate my abhorrence of slavery and the moral imperative of the Union forces. Lee was not in violation of any laws or legal precedent which existed at that time. Although this is a controversial statement, it is legally correct. Consequently, Lincoln had no legal right to demand continued adherence to the Union and exercise military action against the seceding states. Unlike the prior Articles of Confederation which were deemed to be perpetually binding on the member states, no such restriction was set forth in the constitution. Of course, it is this decision which forever tarnished his reputation and led to the removal of his statue by the city of Charlottesville, Virginia.Īs a student of history and the constitution, I challenge Professor Rosen to cite any authority which prevented a state from exercising its right to secede from the Union during Lee’s tenure. Although Lee was offered the role as commander of the Union, he resigned his commission to take up the Southern cause. The newly elected president viewed such decision as acts of rebellion requiring a military response. Upon the election of Abraham Lincoln, seven southern states seceded from the Union. He was viewed as a military genius and a patriot. He went on to serve with honor during the war with Mexico in 1846 under Gen. Winfield Scott. Viewing the totality of Lee’s career, he was an exemplary solider and hero having graduated second in his class at the U.S.