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Colorado Controversy Raises Questions Over The Meaning Of The Gadsden Flag: A child was removed from school due to a patch on his backpack featuring the flag.
Jonathan Turley: CONSTITUTIONAL LAW, FREE SPEECH, POLITICS ^ | 08/30/2023 | Jonathan Turley

Posted on 08/30/2023 9:53:40 PM PDT by SeekAndFind

The historic Gadsden flag is at the heart of a controversy involving a twelve-year-old boy in Colorado Springs, Colorado.

The child was removed from the school due to a patch on his backpack featuring the flag.

The school district defended the action and claimed that, despite its historical symbolism, it is now considered racist and connected to slavery.

Not only is the flag a historical image originally unconnected to slavery, but the action (in my view) contravenes core free speech protections.

The flag was designed by Christopher Gadsden of South Carolina in 1775 as a symbol of the defiance of colonists to British rule. (Some trace the origins of the flag earlier to a design by Benjamin Franklin). Featuring a timber snake, it affirmed the view of the colonists that they would not be stepped on by overbearing British officials and troops.

While Gadsden would become a brigadier general in the Continental Army, he gave the flag to Commodore Esek Hopkins who later adopted it as his flag as Commander-in-Chief of the Continental Navy. For the revolutionaries, it embodied the essence of the war: they were the victims of the British overstepping their authority and treading upon the rights of the colonies.

The historic image is still cherished by many, including those who see it as a symbol of defiance of individual citizens to overreaching government action.

That was the view at The Vanguard School in Colorado Springs. A video on the social media platform X, shows the 12-year-old elementary school student being removed from class.

A staff member explained that the image is now deemed “disruptive to the classroom environment” and that it has “origins with slavery.” The boy’s parent is told that the child must remove the patch before he can return to school.

The staffer tells the parent to speak with Jeff Yocum, the director of operations at the school.

Yocum reportedly cited research by a graphic design professor at Iowa State University Paul Bruski, who declared the flag as now a symbol of hate:

“Because of its creator’s history and because it is commonly flown alongside ‘Trump 2020’ flags, the Confederate battle flag and other white-supremacist flags, some may now see the Gadsden flag as a symbol of intolerance and hate – or even racism.”

Yocum also reportedly cited a U.S. Equal Employment Opportunity Commission (EEOC) ruling involving a Postal worker, which found that while the flag “originated in the Revolutionary War in a non-racial context,” despite its “historic origins and meaning of the symbol, it also has since been sometimes interpreted to convey racially-tinged messages.”

We previously discussed how the EEOC reinstated a case in 2016 of an employee objecting to another employee wearing a cap with the symbol.

Clearly, symbols can have different meanings for different people. I disagree with Professor Bruski, but respect his right to raise such objections. The question is whether others respect the right of those with opposing views, including viewing this flag as an important and inspiring symbol of the American Revolution.

The censorship of the image strikes me as a clear denial of free speech rights for this student. I obviously do not agree with the historical interpretation, but I am far more concerned about the constitutional interpretation of the school district allowing such censorship of images.

It is an ironic moment for a flag that symbolized the resistance to overbearing government actions and the denial of core rights in the American Revolution.

* * *

Update: Today the school district reversed its decision and will now allow the student and the flag back into the school:

From Vanguard’s founding we have proudly supported our Constitution, the Bill of Rights, and the ordered liberty that all Americans have enjoyed for almost 250 years.

The Vanguard School recognizes the historical significance of the Gadsden flag and its place in history.

This incident is an occasion for us to reaffirm our deep commitment to a classical education in support of these American principles.

At this time, the Vanguard School Board and the District have informed the student’s family that he may attend school with the Gadsden flag patch visible on his backpack.



TOPICS: Education; History; Politics; Society
KEYWORDS: colorado; education; flag; freespeech; gadsden; gadsdenflag; turley
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To: SeekAndFind

You can bet your sweet bippy that if he had a trans flag on he would be celebrated.

These communists need to be brought to heel. With severe consequences.

Hard and fast.


21 posted on 08/30/2023 11:57:32 PM PDT by Cowgirl of Justice
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To: SeekAndFind

Trump supporters carried it at rallies, this is why they went after the kid.


22 posted on 08/31/2023 12:53:10 AM PDT by daku
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To: SeekAndFind

Do they still display the US flag in every classroom? I’m certain that you could find plenty of folks that will make a connection between Old Glory and slavery.


23 posted on 08/31/2023 12:54:44 AM PDT by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
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To: dayglored
About a year ago Meritless Garland made a statement along the lines that anyone flying a Gadsden flag was probably a white racist extremist. While I had a small Gadsden flag, his doing that caused me to go out and buy some stickers and patches thus:

I have a sticker on my tablet cover and patches velcroed to some molle gear bags. People like them. NPCs probably do not.

24 posted on 08/31/2023 2:55:01 AM PDT by FreedomPoster (Islam delenda est)
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To: FreedomPoster

Mrs L has that one sewed on her jacket.

L


25 posted on 08/31/2023 3:15:50 AM PDT by Lurker ( Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: SeekAndFind

26 posted on 08/31/2023 3:19:20 AM PDT by Candor7 (( Ask not for whom THE Trump trolls...He trolls for thee!)<img src=""width=500></img>)
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To: SeekAndFind
Another anti British flag, this one Jacobite from Battle of Culoden, 1745:

"Nemo me impune lacessit (No one assaults me with impunity)"

The Scottish Immigrant Sentiments were obvious in the Gadsden Flag


27 posted on 08/31/2023 3:37:41 AM PDT by Candor7 (( Ask not for whom THE Trump trolls...He trolls for thee!)<img src=""width=500></img>)
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To: Guenevere

The kid and family should still sue. The basic question even though the skool caved is were the child and his family harmed. I say the answer is yes. The kid was humiliated by an ignoranus of a teacher and further by the arrogant and ignorant administrator. Further the family’s routine was disrupted by having to deal with the clearly unconstitutional assault on the kid’s first amendment rights. So sue the skool board and file individual suits against the teacher and the administrator. Letting them get away with this crappy sets a bad precedent.


28 posted on 08/31/2023 3:54:14 AM PDT by from occupied ga (Your government is your most dangerous enemy - EVs a solution for which there is no problem)
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To: SeekAndFind

The Confederate flag isn’t racist either... Prove me Wrong.


29 posted on 08/31/2023 4:21:48 AM PDT by maddog55 (The only thing systemic in America is the left's hatred of it!)
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To: SeekAndFind

This incident is an occasion for us to reaffirm our deep commitment to a classical education in support of these American principles.

And perhaps to review the qualifications, background and political views of the people we hire?


30 posted on 08/31/2023 4:41:07 AM PDT by jagusafr ( )
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To: SeekAndFind

of course it triggered the LEFT

it is defiance of tyranny


31 posted on 08/31/2023 4:54:58 AM PDT by joshua c (to disrupt the system, we must disrupt our lives, cut the cable tv)
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To: SeekAndFind

It is ***IMPOSSIBLE*** for any school to be religiously, culturally, or politically neutral!

For this reason alone, all education should be privatized.

( Yes, I am shouting. )


32 posted on 08/31/2023 4:59:24 AM PDT by wintertime ( Behind every government school teacher stand armed police.( Real bullets in those guns on the hip!))
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To: SeekAndFind

wanna bet the boy has an fbi file now?


33 posted on 08/31/2023 5:00:44 AM PDT by joshua c (to disrupt the system, we must disrupt our lives, cut the cable tv)
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To: SeekAndFind

Democrats Unveil ‘Tread On Me’ Flag


34 posted on 08/31/2023 5:01:36 AM PDT by Bratch
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To: madison10

It does not raise any question. It means FAFO. Nothing more...nothing less.


35 posted on 08/31/2023 5:05:16 AM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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To: SeekAndFind

.


36 posted on 08/31/2023 5:21:09 AM PDT by sauropod (I will stand for truth even if I stand alone.)
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To: SeekAndFind

Racist = everything the left does not like.


37 posted on 08/31/2023 5:28:54 AM PDT by AZJeep
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To: SeekAndFind

99% of Colorado Teachers don’t know the history of the Gadsen.


38 posted on 08/31/2023 5:51:56 AM PDT by chopperk ( )
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To: madison10

I don’t believe all the school administrators involved in the original decision were so ignorant. (Though it would be amusing if they claimed to be.)

I strongly suspect that some of them knew there was no connection between the flag and slavery. They simply had a visceral reaction to the thought of a student resisting tyranny. Tyrants gotta tyrant.

If the school wanted me to believe the sincerity of their reversal, they would depose under oath all of those involved in the original decision. Let them claim fundamental ignorance under oath. And even good faith thinking that the flag was connected to slavery is fundamental ignorance.


39 posted on 08/31/2023 6:06:05 AM PDT by Cincinnatus.45-70 (What do DemocRats enjoy more than a truckload of dead babies? Unloading them with a pitchfork!)
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To: kiryandil

First I’ve heard of it. 🤔😂👍


40 posted on 08/31/2023 7:43:52 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this💩? 🚫💉)
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