Child Removed from Class for Gadsden Flag Patch

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A man with a Gadsden flag, a US flag, and a Confederate battle flag listens to a speaker during the Kentucky Freedom Rally at the capitol building on August 28, 2021 in Frankfort, Kentucky.
(Photo by Jon Cherry/Getty Images)

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A 12-year-old student named Jaiden from The Vanguard School in Colorado Springs, Colorado, was temporarily removed from class due to a Gadsden flag patch on his backpack, drawing significant controversy and discussion across a variety of social media platforms.

The Gadsden flag, which features a coiled snake above the phrase “Don’t tread on me,” has origins dating back to the Revolutionary War. It was originally intended as a symbol of resistance against British tyranny.

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However, school administrators argued that the flag’s display was unacceptable due to its alleged ties with slavery and the slave trade, as well as its use by white supremacy and certain patriot groups.

Despite these claims, it’s important to note that the flag’s origins are not linked to racism or slavery. While some white supremacists have appropriated the flag, so have classical liberals, libertarians, and even some left-leaning groups. There is even a pro-LGBT version of the Gadsden flag in circulation.

The controversy surrounding Jaiden’s Gadsden flag patch ignited a debate about freedom of expression in educational settings. The Supreme Court has previously ruled that K-12 officials do have the authority to limit students’ free expression rights to promote classroom cohesion. However, it was argued that the school cannot discriminate against Jaiden’s viewpoint by wrongly and arbitrarily declaring the Gadsden flag to be a hate symbol.

Aaron Terr, director of public advocacy at the Foundation for Individual Rights and Expression, stated, “Public school administrators can’t ban the expression of an idea, symbol, or viewpoint just because they personally dislike it.”

In defense of Jaiden, Democratic Colorado Gov. Jared Polis described the Gadsden flag as an “iconic” symbol of the American Revolution. He emphasized its representation as a warning to Britain or any government not to violate the liberties of Americans. He also suggested that this incident could serve as a “great teaching moment for a history lesson.”

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