Alston wrote that the case was attempting to put the court "at the center of a great debate between individuals extolling the virtues, romanticism and history of the Old South" and those "who believe that art accentuating what they believe is a harsh depiction of a time when a certain race of people were enslaved and treated like property is not deserving of a memorial at a place of refuge, honor and national recognition." Alston added that the debate was one the court "does not have to resolve."
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