There’s a difference in boycotting an illegal activity and boycotting something’s that’s protected by free speech.  The NAACP is again attempting to stop an act that’s both legal and protected by free speech.  Specifically, they’re threatening to boycott Miami Motor Speedway’s hosting of November’s NASCAR race unless it bans Confederate flags.  NASCAR officials argue they can’t control what 65,000 fans wear or

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display and even if they could, they’re not the owners of the speedway.  Further, none of NASCAR’s drivers or marketing materials display any symbol associated with the Confederate flag.  A spokesman for NASCAR has said the organization would be happy to meet with officials from NAACP to explain the situation, but anything further than an explanation isn’t warranted.

The only enforcement the speedway can possibly ensure is that no flag be waved in the stands since it blocks other fans from viewing the race.  That said, it can’t legally prohibit anyone from entering the raceway who’s wearing shirts or other clothing that reference the Confederate flag.  The ACLU has weighed in as well.  Its spokesperson has said bringing the flag into any event is protected as free speech.

So what exactly does the NAACP want the raceway to do?  Clearly, attempting to dictate what’s acceptable (within reason, of course) in terms of clothing leads to nothing good and leaves it open to lawsuits for lawyers.   It seems a protest held onsite will only hamper everyone’s enjoyment who arrives there to witness the final race of the season.  Still, there’s a letter in draft form that’s being prepared to send to the speedway in an effort to have any images of the Confederate flag banned and warnings that failure to do so will result in a protest and boycott if the speedway or NASCAR refuse to support the group’s efforts.

The potential exists for groups that support the Confederate flag to host their own counter protests should it come to that, specifically the Sons of the Confederate Veterans, based in Tennessee.

Brian France, who is the CEO of NASCAR said it best in a 2005 interview, “…I can’t tell people what flag to fly.  I can tell you the flag we get behind - it’s the American flag.”