The adoption of a modern composition as a symbol of Civil War memory raises an important question. Does the use of contemporary music distort historical understanding, or does it help modern audiences relate to the past in a meaningful way?

That is a strong case in principle. It sounds like common sense. It also has moral force. Yet constitutional law does not run on moral force alone. It runs on limiting principles, predictable rules, and an awareness of collateral damage. That is where the labels’ position begins to break down.

We like to tell ourselves that America learns from its sins. We teach the internment of Japanese Americans as a cautionary tale, the Birmingham campaign as a hard-earned victory, and the civil rights movement as a permanent course correction. In that story, the country confronts its demons, passes new laws, and moves on, older and wiser.