Colorado Boy Removed From School Over ‘Don’t Tread on Me’ Patch


Jaiden is a 12-year-old boy who attends the Vanguard Faculty in Colorado Springs, Colorado. He’s the topic of a video that went viral on social media; it exhibits the boy and his mom confronting a college administrator who asserts that the Gadsden flag patch on his backpack violates district coverage.

“The explanation that we are not looking for the flag displayed is because of its origins with slavery and the slave commerce,” says the administrator.

On Monday, college officers eliminated Jaiden from class attributable to his Gadsden flag patch. His mom has fought again towards this disciplinary motion, explaining that the flag—a coiled snake above the phrase “Do not tread on me”—is just not a pro-slavery picture; it has its origins within the Revolutionary Struggle and was meant as a logo of resistance to British tyranny.

District officers didn’t reply to a request for remark, however Libertas Institute President Connor Boyack—who first publicized Jaiden’s scenario—shared an e mail that they despatched to Jaiden’s mom, during which the district reiterated its place that the Gadsden flag is an “unacceptable image” tied to “white-supremacy” and “patriot” teams.

It is true that some white supremacists have appropriated the flag. However so have classical liberals and libertarians—together with Cause (try our 404 Error web page). Some lefty teams have cited Gadsden too. There’s even a pro-LGBT model.

In any case, Jaiden’s mom is totally right that the flag’s origins don’t have anything to do with racism or slavery. Of their e mail, district officers approvingly cited a 2016 Washington Publish article by Cause‘s Eugene Volokh evaluating an Equal Employment Alternative Fee (EEOC) case. The case in query concerned a put up workplace worker whose Gadsden flag hat had generated racial harassment claims. However finally, the EEOC declined to rule that the Gadsden flag was a racist image.

The Supreme Court docket has dominated that Ok-12 officers have vital authority to restrict college students’ free expression rights so as to promote classroom cohesion. However the college can not discriminate towards Jaiden’s viewpoint by wrongly and arbitrarily declaring the Gadsden flag to be a hate image.

“There’s nothing inherently disruptive a few pupil displaying a Gadsden flag patch on his backpack,” writes Aaron Terr, director of public advocacy on the Basis for Particular person Rights and Expression. “Public college directors cannot ban the expression of an concept, image, or viewpoint simply because they personally dislike it.”

Democratic Colorado Gov. Jared Polis additionally got here to Jaiden’s protection, describing the flag’s message as “iconic” in a put up on X.

“The Gadsden flag is a proud image of the American revolution and [an] iconic warning to Britain or any authorities to not violate the liberties of People,” wrote Polis. “It seems on well-liked American medallions and problem cash via right this moment and Ben Franklin additionally adopted it to represent the union of the 13 colonies. It is a fantastic educating second for a historical past lesson!”

When reached for remark by Cause, Polis reaffirmed his remark and famous that he additionally agreed with sentiments expressed by Rep. Ted Lieu (D–Calif.).

“I oppose banning the Gadsden flag in faculties for a similar motive I oppose conservative faculties districts that ban LGBTQ flags in faculties,” wrote Lieu. “Let children be their genuine selves and provides them a world of knowledge—college students can work out what’s essential to them.”