The Ku Klux Klan is due in court to answer the State of Georgia’s motion to dismiss the lawsuit filed by the white supremacist group. The KKK filed a lawsuit against Georgia for denying them the ability to adopt a section of the State Highway and have their name put on a sign denoting their community service.
The lawsuit was filed by the American Civil Liberties Union Foundation last month charging that the State is violating the hate group’s right to free speech under the State and Federal Constitutions.
The court hearing the case is the Fulton County Superior Court. The State filed their motion to dismiss yesterday in response to the lawsuit on the basis that, generally, state agencies and officials are barred from being sued in State courts on the basis of Sovereign Immunity.
The principle of Sovereign Immunity is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution because the State is set up by the people in order to provide for the common good.
The State of Georgia is further arguing that the KKK did not file the suit in a timely manner and failed to take advantage of other avenues of appeal of the rejection.
The State views the application by the Ku Klux Klan to have their name displayed on an Adopt-A-Highway sign as being highly offensive to minorities in Georgia and that there is a compelling State interest in denying the the right to be associated with a State program. Georgia has a long sordid history of racial issues and wants to stay far away from being associated with the KKK.