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The Legal Meaning of the Cosby Mistrial
New Yorker, by Jeannie Suk Gersen

Original Article

Posted By:MissMolly, 6/19/2017 5:26:34 AM

During Kevin Steele’s successful election campaign for District Attorney of Montgomery County, Pennsylvania, in 2015, he attacked the longtime incumbent, Bruce Castor, for having “refused to prosecute Bill Cosby” and promised “tough sentences for sexual predators.” After taking office, District Attorney Steele immediately moved on his promise to vindicate Bill Cosby’s victims, arresting and charging Cosby for the sexual assault of Andrea Constand, one of nearly sixty women to have accused Cosby of sexual assault over several decades. But Cosby’s criminal trial, on three counts of indecent assault for the 2004 incident, ended in a mistrial due to a hung

      


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Reply 1 - Posted by: Timber Queen, 6/19/2017 6:59:23 AM     (No. 11290866)

I slogged through six paragraphs and still have no idea the direction the author was leading.

What’s going on here? Near as I can tell, I bet the author wants the burden of “reasonable doubt” removed for men who have been accused of rape. Obviously, the all-woman-he-man-hating-club did not get the outcome they wished. There were enough sane people on the jury who found it difficult not to have reasonable doubt when dealing with a 20-year-old story.

Powerful men, ambitious women and drugs have been part and parcel of the Hollywood entertainment scene since the first flickers at a nickelodeon. I doubt Mr. Crosby deflowered any virgins or led astray an innocent. Not one woman has claimed she was jumped and physically subdued. In my book it’s a business transaction.

I say stop harassing this old man. Isn’t having to live with the shreds of his reputation enough retribution for telling blacks to man up and be fathers?

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Reply 2 - Posted by: NYBruin, 6/19/2017 7:05:32 AM     (No. 11290869)

Now his wife can run for the Senate!

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Reply 3 - Posted by: daisymay, 6/19/2017 7:20:27 AM     (No. 11290880)

I don´t think any Jury will send this almost 80 year old to Jail. Yes, he deserves to be there, but it should have happened years ago. The fact that this is only coming up now is why the Jury can´t come to terms with his spending his last few years in Jail. I don´t think a Retrial will reach a different verdict than the recent one!

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Reply 4 - Posted by: winnie1, 6/19/2017 7:22:12 AM     (No. 11290883)

The meaning is TWO HOLDOUTS! One male & one female. Guess who they are?

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Reply 5 - Posted by: jeffkinnh, 6/19/2017 7:32:19 AM     (No. 11290886)

I have to wonder if 75% of the men in the entertainment industry would have to be locked up if they were judged as Cosby. I´m not excusing him. It sounds as if he was a sleazy guy. But there are tons of questions about it being consensual sex and why it took so long for women to come forward? Are they looking for a quick payoff or were they truly assaulted. Drinking and drug use is common in the industry. The testimony is erratic and strange. In one account she says she was "paralyzed" after taking a couple benadryl? Paralyzed from using benadryl? Sleepy maybe.

This whole thing is a huge mess.

It is also motivated by the Left´s anger that Cosby was speaking to Blacks about personal responsibility (somewhat of a joke given his current situation) against the Left´s view of Blacks as helpless victims. He needed to be undermined and this trial is more than a little about doing that.

However, BJ CLintoon used State Troopers to gather his victims and the Feminists and especially Hillary, his enabler, seemed annoyed (because he was caught?) but gave him a pass. It hugely devalues their stance now. Part of the case is about Feminists trying to get their mojo back.

I think the disunity in the jury reflects the general public´s question of, "Why Cosby?", "How many people go out, drink, take drugs, and have sex and it´s all par for the course?", "How could the State, after the fact, sort out intentions and consent or lack of it with any certainty?".

Rape is a serious crime but how to sort out normal modes of human interaction and sexual practices from rape is a VERY dicey process and it´s not helped by the extremists that hover around the process of figuring it out.

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Reply 6 - Posted by: rolfnader, 6/19/2017 7:46:05 AM     (No. 11290892)

Agree with #1´s take on this. Was about half way through this and began to lose my way. Then I noticed the source and remembered that this publication hasn´t had a real journalist contribute to it since the death of Chris Hitchens.

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Reply 7 - Posted by: Michaelus, 6/19/2017 8:08:14 AM     (No. 11290904)

I assume next Harvard Law school will decide that the rules of evidence and standards for conviction for any man accused of rape must change and any man accused of any sex crime will be automatically convicted.

The only legal meaning of the trial is that the jury could not reach a verdict.

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Reply 8 - Posted by: Stryker714, 6/19/2017 9:30:23 AM     (No. 11290991)

Isn´t Cosby the slightest bit embarrassed by some of the women who say he raped them? Why bother, Bill?!

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Reply 9 - Posted by: David Key, 6/19/2017 9:54:39 AM     (No. 11291012)

I think we are all a little disgusted with and dismayed to find that Mr Cosby was a horn dog, somewhat like Mr Clinton. Apparently the family act was just exactly that, and act.

At the same time so much of what you read indicates a number of serious issues with the prosecution and the accusers story, or perhaps it would be better to say the changing stories. Using alcohol and drugs to facilitate sex is not something new, and the line between seduction, legitimate, and rape/coerced sex, illegitimate, is blurry at its best. It does seem there is a double standard between "its sex between two adults", and someone who provided drugs, which appear to have been offered and accepted which led to sex (maybe), consensual/non consensual how does the jury or we know?

We know his squeaky clean family story line was false, but to give Clinton a pass, and come down on someone who dared to tell the younger black generation to clean its act up, seems hypocritical at the least.

Where were all these high powered lawyers for the small army of accusers of Clinton, probably on the side of the vast army of politicians and media types telling those women to sit down and shut up, or talking about trolling trailer parks for tramps to humiliate and denigrate them.

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Reply 10 - Posted by: fayebeck, 6/19/2017 10:05:50 AM     (No. 11291033)

That Keith Richards lookalike is sure one ugly dude.


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Reply 11 - Posted by: columba, 6/19/2017 10:21:59 AM     (No. 11291051)

The Moral Meaning of the Cosby Mistrial.

Adultery is a mortal sin.

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Reply 12 - Posted by: msjena, 6/19/2017 10:31:34 AM     (No. 11291068)

Cosby is a disgusting sexual predator. We all know that. But proving it in a court of law is difficult. The claims are not ten years old. The victim didn´t come forward right away. Cosby never admitted he drugged her unconscious. The victim continued to have communication with Cosby. Cosby is a celebrity. All of this adds up to reasonable doubt, at least to some jurors. The prosecutors in California weren´t able to convict Michael Jackson, either, even though it is obvious he was a pedophile. If they try Cosby again, they need to tighten up their case. The reference to Benadryl was confusing. Explain why it was a lie if they want to use Cosby´s testimony. And give the victim a makeover so it appears plausible, at least, that he might have been interested in her.

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Reply 13 - Posted by: msjena, 6/19/2017 10:32:26 AM     (No. 11291069)

^^The claims are "now" ten years old. Sorry.

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Reply 14 - Posted by: sw penn, 6/19/2017 10:33:07 AM     (No. 11291070)

"Unfortunately, Cosby is one of those to escape criminal punishment."

Escape justice?
Or escape injustice?

Jeannie has made up her mind.

Good thing we have courts
or journalists would be
convicting and exculpating
right and left.

No, wait, isn´t that what they´re doing now?

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Reply 15 - Posted by: snowoutlaw, 6/19/2017 10:42:16 AM     (No. 11291081)

Same meaning as the OJ trial, racism rules.

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Reply 16 - Posted by: dvc, 6/19/2017 11:04:10 AM     (No. 11291103)

The New Yorker is a leftist propaganda organ, not of any sort useful probative value unless one is studying enemy propaganda techniques.

Certainly not a place to seek useful facts.

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Reply 17 - Posted by: zephyrgirl, 6/19/2017 11:15:47 AM     (No. 11291117)

I´m not excusing Cosby´s behavior by a long shot, but I have to ask myself why these women went willingly to his hotel room. Any legitimate business opportunity that Cosby could offer them could be discussed in the hotel lobby, the hotel bar, a nice restaurant, a coffee shop, or other public place. All he had to do to get privacy was get a table in the back and sit with his back to the room.

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Reply 18 - Posted by: enemyofthestate, 6/19/2017 11:32:19 AM     (No. 11291130)

Here´s the legal meaning for me: laughing ** *** off.

Ladies, if you are being harrassed by a man, the time to bring it up is NOW, not decades later.

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Reply 19 - Posted by: janjan, 6/19/2017 11:49:25 AM     (No. 11291145)

Women have lost the right to be automatically believed if they claim they were sexually assaulted. It has turned into a weapon to be used against the innocent. No one really knows what happened between these two people except them. Is it likely that Cosby is guilty? Perhaps. But the entire case smells of Cosby using his money and fame to take advantage of women and of the women participating.

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Reply 20 - Posted by: Yorkiemom, 6/19/2017 12:49:37 PM     (No. 11291218)

I hope this sleeze continues to be shunned and harassed. He wants to get out there and perform again. I´m sure a few people will pay to see him, but even his fellow entertainers think he´s disgusting.

To those who make fun of his accusers ´ looks, do you have to always be a beauty queen to get hit on? To those who wonder why the women didn´t come forward sooner, just think about the women who tried to tell what Slick Willie did to them. They were slimed big time and not believed. Entertainers and powerful men always win.
I hope Cosby gets hit with tons of civil cases and loses every one of them.

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Reply 21 - Posted by: lakerman1, 6/19/2017 1:35:18 PM     (No. 11291280)

Cosby´s behavior represented acts of taking advantage of his position in the entertainment industry to seduce women, many of whom who didn´t need alot of seduction to cooperate with the Cos. He also seemed to find pleasure in medicating the women, which is strange. He could have gotten all the sex he wanted, without resorting to medicating his sex partners.
What Roman Polanski did to a little 13 year old girl is more disgusting than what Cosby did with scores of women, in totality.
Polanski vaginally raped and sodomized the little girl, giving her qualuudes, whose mother left her in the care of Polanski and his casting couch. Yet as bad as his conduct was, he has lots of supporters in Hollywood, who say the government is persecuting him.
And Whoopi Goldberg even said ´it wasn´t
rape-rape.´
Gloria Allred and her daughter, Lisa Bloom, are representing scores of women who have come forward to allege that Cosby sexually assaulted them, much like the crazy haired woman from Temple claimed.
I would end by noting that Cosby dropped out of high school and joined the Navy, but that might get me banned...

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Reply 22 - Posted by: geoman, 6/19/2017 2:05:11 PM     (No. 11291307)

It is precisely because of the "Beyond Reasonable Doubt" burden of criminal trials that Obama´s Dept. of Education´s weaponized Office of Civil Rights, issued their 2011 Title IX "Dear Colleagues" letter to educational institutions threatening the loss of federal funding unless the institutions stepped in to adjudicate allegations of sexual assault completely outside of criminal proceedings. The kangaroo Title IX "courts" of colleges and universities need only apply the much lesser Preponderance of Evidence standard to find guilt, which they do near routinely. As is now occurring across the country, young men are most often denied Constitutional due process rights (e.g., the right to have legal representation in proceedings, the right to face and question their accuser, the right to call witnesses for their defense, and the right to present mitigating or exculpatory evidence) by virtue of the fiat issued by unelected progressive bureaucrats in the name of social justice. The leftist havens that are educational institutions are now mandated to serve as criminal investigators, judges, and juries in matters of allegations of sexual assault. If this is good policy then Congress should amend Title IX and take ownership of the policy and its outcomes but in no way should such anti-Constitutional policy be made by Executive fiat.

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Reply 23 - Posted by: kono, 6/19/2017 5:14:14 PM     (No. 11291509)

Kind of like a baby who survives an attempted abortion in Illinois does not even have a right to comfort care (nor even company) while it dies, an aged, once-popular comedian who survives an attempted lynching in Pennsylvania receives not an ounce of compassion from the press.

I found the presumption of guilt in this case tragic and unnerving.

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Reply 24 - Posted by: joew9, 6/19/2017 6:49:04 PM     (No. 11291662)

Rape is one of the, if not the, most falsely reported crimes.
Back in the 90´s child abuse outdid it for a while. State of Georgia responded with creating a list of anyone who was reported as a child abuser. No proof was needed to get on the list. Just anonymous phone call was sufficient. In a short time more people were on the list than the population of Georgia. Including every politician. The list was supposed to be super secret. But it leaked out like crazy.

Another situation of that time were the false reports. In one year there were over 200k accusations of child abuse in the state of Georgia. Each individual one was investigated and almost all were discarded. The vast majority were tossed due to admission by the accuser that they made it up just to get back at boyfriend or husband during divorce or break up. About 200 survived the initial investigation and went to trial. The vast majority were older male homosexual on under age boy.


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Reply 25 - Posted by: Ida lil, 6/20/2017 2:40:55 AM     (No. 11292056)

i do not follow these cases except if Gloria A is involved in any way there is lots of room for doubt about actual rape.

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Reply 26 - Posted by: shamus, 6/20/2017 7:27:34 AM     (No. 11292127)

Convincing evidence is usually required for a criminal conviction. The Cosby jury was not convinced of his guilt.

Cosby is accused by 60 women, yet only one case has been brought, and it was filed days before the statute of limitations ran. It´s unclear why Cosby faced no legal action until now.

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Reply 27 - Posted by: winnie1, 6/20/2017 7:31:17 AM     (No. 11292129)

First of all Andrea is a Lesbian. I´m sure she wouldn´t have sex with a male especially an ugly one.

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Reply 28 - Posted by: bigfatslob, 6/20/2017 8:40:26 AM     (No. 11292218)

There must have been reasonable doubt with the race card thrown in like the OJ trial.
I believe everyone should quit spending money on this trial, eat a Jello Pop and go home.

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Reply 29 - Posted by: TCloud, 6/20/2017 10:53:48 AM     (No. 11292385)

To the face of the US Constitution and for a Liberal is *like be Bodacious ta ta*!

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Reply 30 - Posted by: hhfi2, 6/20/2017 8:36:41 PM     (No. 11293041)

Kind of surprised that the New Yorker would run such a calm, clear-eyed article about the difference between mob justice and court trials that require evidence beyond a reasonable doubt. Judging by the reaction to the hung jury on social media sites, your typical liberal, feminists New Yorker reader would happily lynch the black man whom they failed to convict of rape in a fair trial. Democrats haven´t changed much in the past 150 years.

She does mention that a civil suit will have lower standards of proof, but even that has been tainted by the ambulance-chasing Gloria Allred. We keep hearing that the sheer number of accusers must mean he´s guilty, but Gloria inadvertently gave Cosby´s lawyers a massive gift by demanding that he put up a $100 million slush fund to pay off anyone who accused him of rape, and voila! Accusers came pouring out of the woodwork, many with histories of drug abuse, alcoholism or mental illness and criminal records that include fraud, extortion, prostitution and filing false police reports. Cosby´s lawyers can use that to cast doubt among jurors on the "sheer numbers" argument, the biggest obstacle they have to overcome. Thanks, Gloria!

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Herald-Sun [Durham, NC], by Mark Schultz    Original Article
Posted By: Ribicon- 8/19/2017 10:48:36 AM     Post Reply
Durham — The new president of Duke University has ordered the removal of a statue of Confederate Gen. Robert E. Lee after it was vandalized earlier this week. “I took this course of action to protect Duke Chapel, to ensure the vital safety of students and community members who worship there, and above all to express the deep and abiding values of our university,” President Vincent Price said in a statement released Saturday morning. “The removal also presents an opportunity for us to learn and heal,” Price said, adding that the statue will be preserved so students “can study Duke’s complex past

Pelosi Calls for Resolution to Censure
Trump for His ‘Repulsiveness’

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Cybercast News Service, by Staff    Original Article
Posted By: JoniTx- 8/19/2017 11:18:47 AM     Post Reply
House Minority Leader Nancy Pelosi issued a statement today declaring her support for the Congress to pass a resolution censuring President Donald Trump for “the repulsiveness” of his “words and actions.” “Every day, the president gives us further evidence of why such a censure is necessary,” said Pelosi. The censure resolution was introduced in the House of Representatives today by Rep. Jerrold Nadler (D.-N.Y.), Rep. Bonnie Watson Coleman (D.-N.J.) and Rep. Pramila Jayapal (D.-Wash.). The resolution immediately gathered 77 co-sponsors, all of whom are Democrats. “The President’s remarks following the violence in Charlottesville over the weekend are a moral outrage,”

House Dem introduces measure
urging Trump undergo mental exam

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The Hill [Washington, DC], by Cristina Marcos    Original Article
Posted By: KarenJ1- 8/18/2017 5:09:30 PM     Post Reply
A House Democrat introduced a resolution on Friday suggesting that President Trump undergo a physical and mental health exam to help determine whether he is fit for office. Rep. Zoe Lofgren’s (D-Calif.) resolution specifically calls on Vice President Pence and Trump’s Cabinet members to “quickly secure the services of medical and psychiatric professionals” to “assist in their deliberations” invoking the 25th Amendment, which outlines presidential removal procedures. It posits that such an examination by doctors would “determine whether the president suffers from mental disorder or other injury that impairs his abilities and prevents him from discharging his Constitutional duties.

Antifa Protester Yvette Felarca Says
Violence Against The Far-Right
Is ‘Not A Crime’

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Daily Caller, by Ian Miles Cheong    Original Article
Posted By: JoniTx- 8/19/2017 4:01:33 PM     Post Reply
Yvette Felarca, the Berkeley area school teacher and militant left-wing protester responsible for organizing the riot at the University of California, Berkeley in February 2017, claims that violence against the far-right is “not a crime.” Felarca, who belongs to “By Any Means Necessary,” a far-left group, is currently facing assault charges after she was caught on video assaulting a white supremacist during a July 2016 rally in Sacramento, Cali. (Video) The school teacher and her compatriots engaged in violent clashes against members of the far-right Traditional Worker’s Party, which had a permit to march in the city. The violence between

Kennedy Center thanks Trump for ´gesture´
of not attending annual honors

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The Hill, by Brandon Carter    Original Article
Posted By: Lalo- 8/19/2017 1:44:20 PM     Post Reply
The chairman and president of the Kennedy Center said they were “grateful for this gesture” after it was announced President Trump and First Lady Melania Trump would not attend the Kennedy Center Honors in December. “The Kennedy Center respects the decision made today by the office of the president of the United States,” chairman David M. Rubenstein and president Deborah F. Rutter said in a joint statement. “In choosing not to participate in this year’s Honors activities, the administration has graciously signaled its respect for the Kennedy Center and ensures the Honors gala remains a deservingly special moment for the

Colin Kaepernick to have exhibit
at National Museum of African
American History and Culture

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Yahoo Sports, by Jordan Schultz    Original Article
Posted By: KarenJ1- 8/18/2017 3:02:13 PM     Post Reply
Colin Kaepernick may not be employed by an NFL team, but he continues to be a fixture in the NFL’s 24-hour news cycle. The free-agent quarterback will have his own exhibit at the National Museum of African American History and Culture, according to the Twitter feed, @BlackToLive. (Snip) This comes on the heels of the Smithsonian’s National Museum of African American History and Culture collecting Kaepernick’s jersey, which was worn during one of his national anthem protests, along with other clothing items to be displayed in an exhibit. Sociologist and author Harry Edwards encouraged the museum in its efforts to display something

And Yet President Trump, in His Classically
Inartful Way, Was Absolutely Right

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American Spectator, by Dov Fischer    Original Article
Posted By: Pluperfect- 8/19/2017 5:13:04 AM     Post Reply
I just did something fascinating. I just watched the President’s entire 14-minute impromptu news conference at Trump Tower on Monday that sparked all the latest barrage of anti-Trump screeds from the left media that will criticize him every day, no matter what he does, augmented by the “Never Trump” Republicans and neo-conservatives who will not rest until they can re-conquer the political party they lost because of three terms of two failed Bush presidencies, followed by the two failed Presidential candidacies of Sen. John McCain and of Gov. Mitt Romney. Not the reportage about the conference, but the entire 14 minutes

Democrats Launch Website: “I Stand
with Maria” After Far Left Lawmaker
Calls for Assassination of POTUS Trump

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Gateway Pundit, by Jim Hoft    Original Article
Posted By: JoniTx- 8/18/2017 2:21:23 PM     Post Reply
Missouri State Senator Maria Chappelle-Nadal hoped for the assassination of President Trump in a Facebook comment on Thursday then deleted it in a panic. She even acknowledged she would get a visit from the Secret Service for her comment. (Photo) Maria Chappelle-Nadal’s Facebook comment was so egregious that even ABC News reported on the story. The St. Louis Post-Dispatch reports: Missouri state Sen. Maria Chappelle-Nadal, D-University City, posted a comment in a Facebook conversation Thursday morning saying she hoped President Donald Trump will be assassinated. The comment has since been removed. But Chappelle-Nadal confirmed to the Post-Dispatch that she had written

Only one flag flies over
Six Flags theme park now

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Fort Worth Star-Telegram, by Bill Hanna    Original Article
Posted By: Muguy- 8/19/2017 6:25:51 AM     Post Reply
Ever since Six Flags opened in 1961, the six flags that have flown over Texas have been a staple of the park.No more. As of Friday morning, the five flags other than the United States flag — representing Spain, France, Mexico, the Republic of Texas and the Confederacy — are being left to the history books.The park received criticism following last weekend’s violence in Charlottesville, Va., from TMZ, Fox News and others for flying the Confederate states flag. As a result, Six Flags Over Texas decided to take down all but the U.S. flag.
Staff has split headline, added more text and spelled byline correctly.


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