Marine Corps Orders Removal Of Confederate Battle Flag

The following order was issued by The Marine Corps on June 5th 2020.

The ban, outlined in a Marine administrative message (MARADMIN), explicitly prohibits clothing, bumper stickers, and more:

SUBJ/REMOVAL PUBLIC DISPLAYS OF THE CONFEDERATE BATTLE FLAG//

REF/A/DOC/CMC/20APR20//

REF/B/DOC/DOD/20NOV15//

AMPN/REF A IS COMMANDANT OF THE MARINE CORPS LETTER OF 20 APRIL 2020,

REF B IS DODI 5200.08 CH3

DATED 20 NOVEMBER 2015, SECURITY OF DOD INSTALLATIONS AND RESOURCES AND THE DOD PHYSICAL SECURITY REVIEW BOARD

POC/D. AHN/LTCOL/JAD/ TEL: 703-614-2510

EMAIL: DAVID.AHN@USMC.MIL
GENTEXT/REMARKS/

1.  THIS MARADMIN DIRECTS MARINE CORPS COMMANDERS TO IDENTIFY, AND REMOVE THE DISPLAY OF THE CONFEDERATE BATTLE FLAG OR ITS DEPICTION WITHIN WORK PLACES, COMMON-ACCESS AREAS, AND PUBLIC AREAS ON THEIR INSTALLATIONS.

2.  APPLICABILITY.  THIS MARADMIN APPLIES TO THE TOTAL FORCE.

3.  PURPOSE.  IN REFERENCE (A), THE COMMANDANT PROVIDED HIS RATIONALE TO EXCLUDE FROM OUR CORPS PUBLIC DISPLAYS OF THE BATTLE FLAG CARRIED BY THE CONFEDERATE ARMY DURING THE AMERICAN CIVIL WAR.  REFERENCE (B) CHARGES COMMANDERS WITH THE AUTHORITY AND RESPONSIBILITY TO TAKE REASONABLE, NECESSARY, AND LAWFUL MEASURES TO MAINTAIN LAW AND ORDER, AND TO PROTECT INSTALLATION PERSONNEL AND PROPERTY.  THE MARINE CORPS SHALL REMOVE THE CONFEDERATE BATTLE FLAG FROM ALL INSTALLATION PUBLIC SPACES AND WORK AREAS IN ORDER TO SUPPORT OUR CORE VALUES, ENSURE UNIT COHESION AND SECURITY, AND PRESERVE GOOD ORDER AND DISCIPLINE.

4.  DEFINITIONS.

4.A.  THE TERM “CONFEDERATE BATTLE FLAG” REFERS TO THE BATTLE FLAG CARRIED BY CONFEDERATE ARMIES DURING THE CIVIL WAR, MOST NOTABLY BY THE ARMY OF NORTHERN VIRGINIA, BUT ALSO WAS CARRIED BY OTHER CONFEDERATE STATES’ ARMIES.  THE CONFEDERATE BATTLE FLAG HAS VARIOUS COLOR SCHEMES AND CONFIGURATIONS AND IS GENERALLY DESCRIBED AS A FLAG WITH A RED OR BLUE FIELD WITH TWO BLUE OR RED DIAGONAL LINES (ALSO KNOWN AS THE HERALDIC SYMBOL SALTIRE) AND WHITE STARS.

SEE PARAGRAPH 6.C BELOW FOR EXAMPLES OF THE CONFEDERATE BATTLE FLAG.

4.B.  THE FOLLOWING ARE NOT INCLUDED IN THE DEFINITION.

4.B.1.  DISPLAYS WHERE THE CONFEDERATE BATTLE FLAG IS DEPICTED, BUT NOT THE MAIN FOCUS OF THE DISPLAY.  FOR EXAMPLE, WORKS OF ART, EDUCATIONAL, OR HISTORICAL DISPLAYS DEPICTING A CIVIL WAR BATTLE WHERE THE CONFEDERATE BATTLE FLAG IS PRESENT, BUT NOT THE MAIN FOCUS OF THE WORK.

4.B.2.  STATE FLAGS WHICH INCORPORATE THE CONFEDERATE BATTLE FLAG.

4.B.3.  STATE ISSUED LICENSE PLATES WITH A DEPICTION OF THE CONFEDERATE BATTLE FLAG.

4.B.4.  CONFEDERATE SOLDIERS’ GRAVE SITES.

4.B.5.  IT IS IMPOSSIBLE TO SPECIFY EVERY POSSIBLE EXCEPTION THAT MAY APPLY.  COMMANDERS ARE EXPECTED TO APPLY THEIR BEST JUDGMENT INFORMED BY THE SPIRIT AND INTENT OF THIS MARADMIN.  IF A COMMANDER ENCOUNTERS QUESTIONABLE CIRCUMSTANCES, THE COMMAND STAFF JUDGE ADVOCATE SHALL BE CONTACTED FOR LEGAL REVIEW AND ADVICE.

5.  ACTION.

5.A.  AUTHORIZED INSPECTION LOCATIONS.  ALL WORK PLACES, COMMON-ACCESS AREAS, AND PUBLIC AREAS.  WORK PLACES AND COMMON-ACCESS AREAS INCLUDE BUT ARE NOT LIMITED TO:

5.A.1.  OFFICE BUILDINGS, FACILITIES, NAVAL VESSELS, AIRCRAFT, GOVERNMENT VEHICLES, HANGARS, READY ROOMS, CONFERENCE ROOMS, INDIVIDUAL OFFICES, CUBICLES, STORAGE ROOMS, TOOL AND EQUIPMENT ROOMS, WORKSHOPS, BREAK ROOMS, GALLEYS, RECREATIONAL AREAS, COMMISSARIES, NAVY AND MARINE CORPS EXCHANGES, AND HEADS.

5.A.2.  SENSITIVE COMPARTMENTED INFORMATION FACILITIES AND OTHER SECURE FACILITIES.

5.A.3.  OPEN-BAY BARRACKS, SHIPBOARD BERTHING, AND COMMON AREAS OF BARRACKS AND BACHELOR QUARTERS.

5.A.4.  ALL MARINE CORPS SCHOOL HOUSES AND TRAINING FACILITIES INCLUDING, BUT NOT LIMITED TO, OFFICER CANDIDATE SCHOOL, THE BASIC SCHOOL, MARINE CORPS UNIVERSITY, RECRUIT TRAINING COMMAND, RECRUITING OFFICES, INSPECTOR AND INSTRUCTOR (I&I) FACILITIES, AND MARINE CORPS RECRUIT DEPOTS.

5.A.5.  ALL AREAS IN PUBLIC OR PLAIN VIEW.  FOR EXAMPLE, THE OUTSIDE AREA THE WORK OFFICE BUILDING, STORE, OR BARRACKS TO INCLUDE PARKING LOTS.  THE FRONT YARD OR EXTERNAL PORCH OF GOVERNMENT OWNED – GOVERNMENT OPERATED HOUSING AND PUBLIC PRIVATE VENTURE (PPV) HOUSING.  THIS INCLUDES, BUT IS NOT LIMITED TO, DEPICTIONS OF THE CONFEDERATE BATTLE FLAG ON AUTOMOBILE BUMPER STICKERS, CLOTHING, AND OTHER APPAREL.

5.B. LIMITATIONS.

5.B.1.  THIS DIRECTIVE DOES NOT APPLY TO THE NATIONAL MUSEUM OF THE MARINE CORPS (NMMC), OR THE MUSEUMS AT MCRD SAN DIEGO, MCRD PARRIS ISLAND, OR ON ANY OTHER INSTALLATIONS WHICH ADDRESS THE CIVIL WAR FROM A NEUTRAL, HISTORICAL, OR EDUCATIONAL PERSPECTIVE, AND ARE THE APPROPRIATE VENUES FOR SUCH SYMBOLS.

5.B.2.  COMMANDERS WILL NOT INSPECT INSIDE ASSIGNED INDIVIDUAL BARRACKS ROOMS/LIVING QUARTERS, ASSIGNED DESK DRAWERS, ASSIGNED CABINET DRAWERS, ASSIGNED LOCKERS, BACKPACKS, PRIVATE AUTOMOBILES, GOVERNMENT-OWNED/GOVERNMENT OPERATED HOUSING AND PPV HOUSING.

5.B.3.  IN EXECUTING THIS MARADMIN, LEADERS SHALL APPLY THE DEFINITION IN PARAGRAPH 4.A NEUTRALLY AND OBJECTIVELY, AND SHALL NOT TAKE INTO ACCOUNT THEIR OWN PERSONAL VIEWS OR OPINIONS, OR THAT OF ANY OTHER INDIVIDUAL OR GROUP.

5.C.  REMOVAL OF THE CONFEDERATE BATTLE FLAG.

5.C.1.  COMMANDERS SHALL ISSUE LAWFUL ORDERS TO REMOVE THE CONFEDERATE BATTLE FLAG IAW WITH THIS MARADMIN.

6.  ADDITIONAL GUIDANCE.

6.A.  THE AUTHORITY AND RESPONSIBILITY TO CONDUCT THESE INSPECTIONS RESIDES WITH INSTALLATION AND UNIT COMMANDERS.  ALL INSPECTIONS WILL BE CONDUCTED IN ACCORDANCE WITH THE DIRECTION CONTAINED IN THIS MARADMIN.

6.B.  COMMANDERS MUST EXERCISE BEST JUDGMENT AND DISCRETION CONSISTENT WITH THIS MARADMIN WHEN CONDUCTING INSPECTIONS.  COMMANDERS ENCOUNTERING QUESTIONABLE SITUATIONS SHALL CONSULT WITH THEIR STAFF JUDGE ADVOCATE, WHO MAY CONSULT WITH HQMC, JUDGE ADVOCATE DIVISION, CIVIL & ADMINISTRATIVE LAW BRANCH (JCA), (703) 614-2510, AS APPROPRIATE.

6.C.  DEPICTIONS OF THE CONFEDERATE BATTLE FLAG AS DEFINED IN THIS MARADMIN MAY BE FOUND AT HTTPS:(SLASH)(SLASH)WWW.HQMC.MARINES.MIL/SJA/BRANCHES/CIVIL-AND-ADMINISTRATIVE-LAW-BRANCH-JCA/.

7.  RELEASE AUTHORIZED BY LIEUTENANT GENERAL JOHN J. BROADMEADOW, DIRECTOR, MARINE CORPS STAFF.//