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Don’t Tread on Me Flag Controversy in School


Gadsden Flag

In Colorado Springs, a 12-year-old student was allegedly kicked out of class for wearing a Gadsden flag patch, which depicts a coiled snake and the phrase "Don't Tread on Me"[1][2][3][5][6]. This is a clear violation of the student's First Amendment rights, and it is important that we examine this incident in detail.


The Gadsden flag is a symbol of American independence and freedom, and it has been used by patriots throughout our nation's history. It was first flown by the Continental Marines during the American Revolution, and it has since become a symbol of resistance against tyranny and oppression[4]. The flag has been used by various groups, including the Tea Party movement, to express their support for limited government and individual liberty.

The fact that a student was kicked out of class for wearing a Gadsden flag patch is deeply concerning. It is a clear violation of the student's right to free speech, and it sets a dangerous precedent for other students who may wish to express their political views. Public schools must maintain a View Point Neutral stance. View Point Neutrality is a first amendment legal precedent whereby public institutions may NOT show favoritism to controversial view points in limited public forums. In other words, if the school allows other political flags by students on backpacks than it cannot restrict the Gadsden flag.


The school's claim that the patch is inappropriate because it refers to "slavery" and "the slave trade" is baseless and unfounded[4]. The Gadsden flag has nothing to do with slavery or racism, and it is disingenuous to suggest otherwise.


It is also worth noting that the Gadsden flag has been used by various government agencies, including the U.S. Navy and the U.S. Marine Corps, as well as by law enforcement agencies across the country. If the Gadsden flag is deemed inappropriate for a student to wear, then it stands to reason that it should also be deemed inappropriate for these government agencies to use it.

This incident highlights the importance of protecting our First Amendment rights, especially in our schools. Students should be encouraged to express their political views and engage in civil discourse, not punished for doing so. It is important that we hold our schools accountable for upholding the Constitution and protecting the rights of their students.


In conclusion, the incident in Colorado Springs is a clear violation of the student's First Amendment rights, and it is deeply concerning. The Gadsden flag is a symbol of American independence and freedom, and it has been used by patriots throughout our nation's history. It is important that we protect our First Amendment rights, especially in our schools, and hold our schools accountable for upholding the Constitution and protecting the rights of their students.


If you or your student is in Michigan and is facing First Amendment discrimination or a violation of View Point Neutrality contact us. We may be able to help. Contact us.




Sources

[4] Colorado School Kicks Out Student for Wearing Gadsden ... https://www.dailysignal.com/2023/08/29/colorado-school-kicks-student-out-for-gadsden-flag/


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