Colorado Middle Schooler Who Stood-Up for Gadsden Flag Files Free-Speech Lawsuit
12-year-old Jaiden Rodriguez is taking a stand for freedom of speech in Colorado Springs. The middle schooler has filed a lawsuit against Harrison School District 2 and the Vanguard School, after being threatened for displaying his Gadsden flag and pro-gun patches on his backpack.
Jaiden's attorney, James Kerwin, from the Mountain States Legal Foundation, argues that this case is important for all Americans concerned about the increasing trend of silencing viewpoints that do not align with progressive beliefs.
"The school should not be siding with activists who want to reinterpret everything from the past in a negative light," said Kerwin in a statement.
According to Britannica, the Gadsden flag depicts a coiled rattlesnake on a yellow background and has its origins in the American Revolution. It symbolizes colonial unity against British oppression and was flown above the U.S.S. Alfred during the war.
In August, Jaiden's Vanguard School banned his yellow "Don't Tread on Me" patch, but later revoked the ban due to public outcry. However, the school still prohibits other patches, including one from the Firearms Policy Coalition showing a semi-automatic rifle and Pac-Man ghosts holding firearms.
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The District also threatened to ban the Gadsden flag patch again if anyone, including school officials, complains about it.
The incident gained attention when a school counselor told Jaiden and his mother that the flag represented slavery and the slave trade, a claim that has been disputed by many, including Colorado Governor Jared Polis and Republican Congresswoman Lauren Boebert.
In a viral video, a school staff member struggles over the name and history of the flag — an historic emblem emblazoned with “Don’t Tread On Me.” She explained the flag was forbidden because of its alleged “origins with slavery and slave trade.” Except it has nothing to do with slavery.
Since then, Jaiden has become a sought-after speaker on the conservative circuit and is scheduled to speak at LibertyCon International in Washington D.C. in February.
However, the backlash has not stopped at school. Jaiden has faced verbal and physical harassment from other students who interpret the school's actions as permission to mistreat him. They have even removed some of his patches during school hours.
The lawsuit argues that if the school had respected Jaiden's First Amendment rights, the controversy and harassment would not have occurred.
The school district previously defended their actions, stating that the patches depicting firearms violated their policy against references to weapons. However, the lawsuit argues that this policy is too broad and would even ban the Colorado state seal which depicts a battle ax.
Governor Polis wrote on X, "The Gadsden flag is a proud symbol of the American revolution and an iconic warning to Britain or any government not to violate the liberties of Americans."
The lawsuit also claims that the real reason Jaiden has been targeted is because school staff disagrees with his pro-gun and pro-freedom views and have falsely labeled him as "racist."
Jaiden's case has sparked a debate about the silencing of conservative viewpoints in public schools and the infringement upon free speech rights.
We will continue to follow this story and provide updates as it progresses. Stay tuned for more on this important issue of protecting constitutional rights in our schools.
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One of the biggest takeaways from the viral Colorado story of the school booting a 12-year-old out of class for having a Gadsden flag patch on his backpack is that the folks in charge are ignorant not just of free-speech basics, but fundamentals of US history.
How can they teach when they’re wrong about simple facts?
A 10-second Google reveals the truth; the flag’s not about slavery at all.
Known for its rattlesnake and “Don’t tread on me” slogan, it originated during the American Revolution — a topic the school spends a year on in history class.
Remarkably, young Jaiden Rodriguez’s teacher toed the administration line in pulling him out of the classroom. That is, she supported ignorance, not her student being victimized by it.
Sadly, Progressives have been pushing a distorted view of American history for years, demonizing everything from the National Anthem to the flag to the Constitution. To them, the truth doesn’t matter.