Gadsden flag kid sues school and its officials for violating his first amendment rights
Jaiden Rodriguez reacting with bemused
disbelief by the ignorance of the school
official behind him. Click to watch the video
In August 2023 the Vanguard School in Colorado Springs demanded that 12-year-old Jaiden Rodriguez remove patches on his daypack showing the Gadsden flag as well as some funny Pac-men holding guns or he would be banned from classes. Jaiden refused, and the resulting uproar — forcing the cancellation of a scheduled parents night — caused school officials to quickly back down and give Jaiden permission to attend classes with the daypack and Gadsden flag patch.
For the school the most embarassing part of the story was how it illustrated the total ignorance of school officials about American history as well as the First Amendment. School officials, who are supposed to teach history to their students, knew less about American history than Jaiden. They falsely claimed that the Gadsen flag had “its origins in slavery and the slave trade,” when it was actually created during the American Revolution as a symbol against tyranny. In addition, they ignorantly claimed they had the right to censor Jaiden, simply because his patches “might” offend some students, when the Supreme Court has consistently ruled for more than a half century that they did not have that right.
The uproar caused the school’s board of directors to issue a retraction, though they did not waive the ban on the armed Pac-men patches. Moreover:
The school says that the ban on Jaiden’s display of the Gadsden flag patch has been temporarily lifted. However, education bureaucrats have threatened to ban it again as soon as anyone, including school officials, “complains,” which is virtually certain to happen as soon as this matter fades from the headlines. On top of the humiliating lecture Jaiden endured when he was first told not to wear the patch, this warning that the district may re-enforce the policy is nothing short of a threat to curtail his speech once more. And, despite backtracking (temporarily) on the Gadsden Flag ban under the hot glare of public attention, the school has never lifted its ban on Jaiden’s display of his pro-gun-rights patches. [emphasis mine]
As a result, the non-profit Mountain States Legal Foundation has now sued the Vanguard School in Jaiden’s behalf. You can read their complaint here [pdf].
Maybe the worst part of the school’s behavior, however, is how officials have also looked the other way when other students began harassing him. From the complaint:
Following Defendants’ misconduct and the subsequent media exposure, other students at The Vanguard School have verbally and physically harassed J.R. [Jaiden Rodriguez]. On information and belief, these students have interpreted the actions of Defendants as a license to mistreat J.R. These students have also expressed that they are upset with J.R., not because of the messages displayed on his backpack, but because of the negative public reaction to Defendants’ own misconduct in banning J.R.’s exercise of his free speech rights.
These students’ ire is inappropriately aimed at J.R., rather than at Defendants. Had Defendants respected J.R.’s First Amendment right to display the patches at issue—which they had done without incident for the prior two years—there would have been no controversy and no harassment of J.R.
Defendants have compounded their misconduct by failing to intervene to address other students’ harassment and intimidation of J.R., despite being informed of these incidents and having the opportunity and authority to do so. J.R. has also reported to school officials that other students have stolen his patches, including the Gadsden Flag patch shown in the viral video, from his backpack during school hours. Defendants, however, have failed to investigate or intervene to prevent or redress this misconduct. [emphasis mine]
The suit also notes that while the Vanguard School’s board of directors stated in their press release that they were in contact with the family, no such contact was ever made by anyone from the school.
Jaiden Rodriguez and his daypack
The boy was essentially left exposed to abuse, with the apparent silent approval of school officials.
The suit specifically names five school employees, as each at some point participated in this harassment and denial of Jaiden Rodriguez’s first amendment rights. The suit demands an end to this harassment, a clearing of the boy’s school record, and “compensatory education and tutorial services for instructional hours missed due to the Defendants’ constitutional violations.” It also demands compensatory and punitive damages.
The hero in this story however continues to be Jaiden Rodriguez. As I said, he knows more about American history and the law and the importance of liberty than his teachers. More important, he has been willing to take abuse for doing what is right. He understands the meaning of freedom. You can’t be free if you don’t have the courage to defend it.
Jaiden has that courage. With more kids like him, the future can be very bright indeed.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
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You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
Jaiden Rodriguez reacting with bemused
disbelief by the ignorance of the school
official behind him. Click to watch the video
In August 2023 the Vanguard School in Colorado Springs demanded that 12-year-old Jaiden Rodriguez remove patches on his daypack showing the Gadsden flag as well as some funny Pac-men holding guns or he would be banned from classes. Jaiden refused, and the resulting uproar — forcing the cancellation of a scheduled parents night — caused school officials to quickly back down and give Jaiden permission to attend classes with the daypack and Gadsden flag patch.
For the school the most embarassing part of the story was how it illustrated the total ignorance of school officials about American history as well as the First Amendment. School officials, who are supposed to teach history to their students, knew less about American history than Jaiden. They falsely claimed that the Gadsen flag had “its origins in slavery and the slave trade,” when it was actually created during the American Revolution as a symbol against tyranny. In addition, they ignorantly claimed they had the right to censor Jaiden, simply because his patches “might” offend some students, when the Supreme Court has consistently ruled for more than a half century that they did not have that right.
The uproar caused the school’s board of directors to issue a retraction, though they did not waive the ban on the armed Pac-men patches. Moreover:
The school says that the ban on Jaiden’s display of the Gadsden flag patch has been temporarily lifted. However, education bureaucrats have threatened to ban it again as soon as anyone, including school officials, “complains,” which is virtually certain to happen as soon as this matter fades from the headlines. On top of the humiliating lecture Jaiden endured when he was first told not to wear the patch, this warning that the district may re-enforce the policy is nothing short of a threat to curtail his speech once more. And, despite backtracking (temporarily) on the Gadsden Flag ban under the hot glare of public attention, the school has never lifted its ban on Jaiden’s display of his pro-gun-rights patches. [emphasis mine]
As a result, the non-profit Mountain States Legal Foundation has now sued the Vanguard School in Jaiden’s behalf. You can read their complaint here [pdf].
Maybe the worst part of the school’s behavior, however, is how officials have also looked the other way when other students began harassing him. From the complaint:
Following Defendants’ misconduct and the subsequent media exposure, other students at The Vanguard School have verbally and physically harassed J.R. [Jaiden Rodriguez]. On information and belief, these students have interpreted the actions of Defendants as a license to mistreat J.R. These students have also expressed that they are upset with J.R., not because of the messages displayed on his backpack, but because of the negative public reaction to Defendants’ own misconduct in banning J.R.’s exercise of his free speech rights.
These students’ ire is inappropriately aimed at J.R., rather than at Defendants. Had Defendants respected J.R.’s First Amendment right to display the patches at issue—which they had done without incident for the prior two years—there would have been no controversy and no harassment of J.R.
Defendants have compounded their misconduct by failing to intervene to address other students’ harassment and intimidation of J.R., despite being informed of these incidents and having the opportunity and authority to do so. J.R. has also reported to school officials that other students have stolen his patches, including the Gadsden Flag patch shown in the viral video, from his backpack during school hours. Defendants, however, have failed to investigate or intervene to prevent or redress this misconduct. [emphasis mine]
The suit also notes that while the Vanguard School’s board of directors stated in their press release that they were in contact with the family, no such contact was ever made by anyone from the school.
Jaiden Rodriguez and his daypack
The boy was essentially left exposed to abuse, with the apparent silent approval of school officials.
The suit specifically names five school employees, as each at some point participated in this harassment and denial of Jaiden Rodriguez’s first amendment rights. The suit demands an end to this harassment, a clearing of the boy’s school record, and “compensatory education and tutorial services for instructional hours missed due to the Defendants’ constitutional violations.” It also demands compensatory and punitive damages.
The hero in this story however continues to be Jaiden Rodriguez. As I said, he knows more about American history and the law and the importance of liberty than his teachers. More important, he has been willing to take abuse for doing what is right. He understands the meaning of freedom. You can’t be free if you don’t have the courage to defend it.
Jaiden has that courage. With more kids like him, the future can be very bright indeed.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
“Don’t Tread On Me”
I stenciled this on two totem poles ate our NM place.
Did not know the history; thought it was cool.
Sue the hell out of them. Hope he wins.
He should also force they to confess to purposely trying g to destroy our heritage in call it a racist flag. And that it is the goal of the entire teachers union.
Once he wins his lawsuit, Jaiden Rodriquez’ parents should pull him out of that school and preferably homeschool or very carefully screen other schools. He is such a intelligent and articulate young man thar he will do well wherever he goes but he should be out of government schools Another piece of good news is the exploding popularity of homeschooling. See this article
https://www.powerlineblog.com/archives/2023/11/the-daily-chart-public-school-refuseniks.php
Paul Revere: Note that the Vanguard School is not really a government school. It is a charter school, which means one should expect better from it. Unfortunately that is not the case.
What we are seeing is the corruption within the entire education community, centered on the colleges themselves. It produces teachers such as we see here, who don’t know any American history at all.
I’d slap that school administrator silly but I think someone already did.
I like the video camera smuggled in on the baby stroller. That’s the way to do it.
Robert Zimmerman: I am aware of that Vanguard is a charter school, but in Colorado and other democrat run states like my California the legislature has put requirements on them that eliminate much of the differences with total government schools. You’re right that the rot has spread to almost all people who call themselves teachers though. My friend sends his daughters to a Catholic school and the teachers there are fully woke.
Paul Revere: It does appear that the only choice parents really have for getting their kids properly educated and not taught to be bigots is to home-school them. And though that movement is growing (thank goodness), it still comprises a minority of students. Not enough parents are willing or able to make the commitment.
Cf that picture:
That’s the Sandmann smile! No wonder the teachers thought he was racist!
Also, Mr Zimmerman, it should be “waive”:
though they did not wave the ban on the armed Pac-men patches.
GWB: Fixed. Thank you.