Jaiden Rodriguez v. Harrison School District 2

 

Press Release

FOR IMMEDIATE RELEASE 

MEDIA CONTACT: 

MSLF Communications Dept.  

Stanton Skerjanec & Carina Constancio 

(303)-292-2021 

communications@mslegal.org 

GADSDEN FLAG KID FILES LAWSUIT OVER FIRST AMENDMENT VIOLATIONS 

Jaiden Rodriguez & His Mother with Mountain States Legal Foundation File a Lawsuit to Secure His Right to Freedom of Speech 

LAKEWOOD, Colo. (October 24, 2023) — Don’t tread on Jaiden Rodriguez or the First Amendment. With Mountain States Legal Foundation representing him in court, Jaiden is seeking an injunction barring Harrison School District 2 from continuing its unconstitutional censorship. The district’s ban on Jaiden’s display of a Gadsden flag patch has been temporarily lifted by school officials. However, the district has threatened to ban it again as soon as anyone, including school officials, “complains.” The chilling warning that the district may re-enforce the policy is nothing short of a threat to censor his speech once again. 

Public schools are fast becoming the front lines in the battle to preserve a culture and practice of free speech. Jaiden’s case will set an important precedent to hold schools accountable for their duty to honor and protect the First Amendment. Jaiden Rodriguez v. Harrison School District 2 represents not just Jaiden’s story but a larger narrative of First Amendment rights issues for students like him.  

Mountain States’ Senior Counsel James Kerwin said, “Jaiden’s case is important for all Americans who are concerned about the increasing tendency of public schools to silence points of view that do not fit with the ’progressive’ political orthodoxy. Schools should not be taking sides with activists who want to reinterpret everything from the past to put it in the worst possible light.” 

Referring to American history is not a substantial disruption to the learning environment. The only people who are impeding the ability of other students to learn are education bureaucrats who fail to understand the First Amendment. 

James Kerwin said, “The Gadsden Flag is a proud symbol of resistance to oppression and Jaiden had every right under the First Amendment to fly it proudly on his backpack.” Mountain States Legal Foundation is filing this lawsuit to secure Jaiden’s future rights to freedom of speech and association.  

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Mountain States Legal Foundation (MSLF) is a nonprofit, public-interest legal foundation established in 1977. MSLF is dedicated to individual liberty, limited and ethical government, and second amendment rights. MSLF defends its clients through pro bono litigation, primarily against the federal government, in defense of constitutional liberties and the rule of law. With its litigation MSLF seeks victory for its clients at the highest level possible, establishment of binding legal precedents to benefit millions of Americans, and education of the American public on the threat to their liberties that unrestrained government presents. 

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Jaiden Rodriguez v. Harrison School District 2

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