State agricultural fair boards in Ohio, New York and Illinois have banned vendors from selling confederate flag merchandise. County fair board managers are reluctant to follow this lead fearing a violation of first amendment freedom of speech/expression rights. What legal arguments counter this perception? How can the fair board say to confederate flag vendors that first amendment rights to freedom of speech and expression do not prevent the fair board from banning the sale of items at its fair.
By going to the fair, the attendees and the vendors agree to abide by the rules set by the fair board. The right to free speech is not abridged because the attendees can go to their OWN property and sell any flags they want.
It is like the terms of service for a website or social media platform...or being a guest in my home. By going to the place, you agree to obey the rules. If you are a guest in my home, you do not have the automatic right to spew hate. I can tell you to leave. If you do not like the rules of the fair, don't go to the fair.
Inasmuch as the confederate flag is associated with pro-slavery in the South, the vendors aren't going to need a legal argument because their retail sales will decline with or without it.
I agree with Michael. However, it is a bit more than being a guest for vendors. They ordinarily have a license or a lease that permits them to sell stuff. The terms of these contracts define what the vendors can and cannot sell.
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