DON’T TREAD on this student’s rights

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This week, video went viral of an administrator explaining to the student and his parent why the student was kicked out of class for displaying the iconic “Dont Tread on Me” Gadsden flag patch on his backpack

The administrator, who works at a public charter school in Colorado, incorrectly says that the Gadsden flag has its origins in slavery and the slave trade. It didn’t. It was a rallying cry for colonial resistance against British tyranny during the Revolutionary War.

Importantly, as FIRE’s Aaron Terr explains, under the First Amendment, the actual or perceived viewpoint of the patch cannot in and of itself be a reason for banning it.

Schools do have the authority to limit student speech that causes a substantial disruption of a learning environment or where there is a concrete threat of a substantial disruption.

Nothing like that happened here. The parent says that one teacher didn't like the patch and reported it to the administration. but that's just not enough to justify restricting a student's First Amendment rights.