Wearing ‘Don’t Tread on Me’ insignia could be punishable racial harassment

jkcerda

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https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/08/03/wearing-dont-tread-on-me-insignia-could-be-punishable-racial-harassment/
On January 8, 2014, Complainant filed a formal complaint in which he alleged that the Agency subjected him to discrimination on the basis of race (African American) and in reprisal for prior EEO activity when, starting in the fall of 2013, a coworker (C1) repeatedly wore a cap to work with an insignia of the Gadsden Flag, which depicts a coiled rattlesnake and the phrase “Don’t Tread on Me.”

Complainant stated that he found the cap to be racially offensive to African Americans because the flag was designed by Christopher Gadsden, a “slave trader & owner of slaves.” Complainant also alleged that he complained about the cap to management; however, although management assured him C1 would be told not to wear the cap, C1 continued to come to work wearing the offensive cap. Additionally, Complainant alleged that on September 2, 2013, a coworker took a picture of him on the work room floor without his consent. In a decision dated January 29, 2014, the Agency dismissed Complainant’s complaint on the basis it failed to state a claim . . . .

Complainant maintains that the Gadsden Flag is a “historical indicator of white resentment against blacks stemming largely from the Tea Party.” He notes that the Vice President of the International Association of Black Professional Firefighters cited the Gadsden Flag as the equivalent of the Confederate Battle Flag when he successfully had it removed from a New Haven, Connecticut fire department flagpole.

After a thorough review of the record, it is clear that the Gadsden Flag originated in the Revolutionary War in a non-racial context. Moreover, it is clear that the flag and its slogan have been used to express various non-racial sentiments, such as when it is used in the modern Tea Party political movement, guns rights activism, patriotic displays, and by the military.
too many morons need safe space. burning the American flag ok, wearing a Gadsden flag = harrasment
 

zioxide

macrumors 603
Dec 11, 2006
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I see no problem with an employer telling an employee they can't wear apparel that makes a political statement.


I also think it's absolutely ludicrous to label this flag "racist" because of who created it. Is the Declaration of Independence racist because its author owned slaves too?
 

bradl

macrumors 601
Jun 16, 2008
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OK, on this one it is clearly a complaint too far....
I agree with this.

Socially, just because a person owned slaves, doesn't mean that they didn't care about them. Case in point: Thomas Jefferson/Sally Hemmings.

Genealogically is the only place where I can see a problem. It would make it hard for someone to find their family if they are sold to who knows who living who knows where. It's the same as human trafficking. But for one's descendant, that's what makes the genealogical search as fascinating. It's each person's own familial treasure hunt.

BL.
 

rdowns

macrumors Penryn
Jul 11, 2003
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While I agree with you, I marvel at how you religiously link unrelated things. Was there nothing about Hillary you could have tied this to?
[doublepost=1470334688][/doublepost]
I own a Gadsden flag and it looks like this...View attachment 643444
That's a Gaysden flag. ;)
 
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aaronvan

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I've always loved the Gadsen flag since my childhood days as a coin collector (yes, I know it's not on any coin.) It annoys me to no end that it's being refactored as a racist symbol. The hell with it. I'm getting a Gadsen sticker for my car.
 

jkcerda

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Jun 10, 2013
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I've always loved the Gadsen flag since my childhood days as a coin collector (yes, I know it's not on any coin.) It annoys me to no end that it's being refactored as a racist symbol. The hell with it. I'm getting a Gadsen sticker for my car.
https://www.etsy.com/listing/249347931/dont-tread-on-me-ring-military-ring?utm_source=google&utm_medium=cpc&utm_campaign=shopping_us_a-jewelry-rings-statement_rings&utm_custom1=168b57b2-fbe0-490c-bae1-26b83069b474&gclid=CjwKEAjwz4u9BRCbioK3stnBznESJADA75xbvBcfYAXrJDDh6xamqLkrGkfnZUc06Y7vLhiZUtfeChoCPMjw_wcB

send me one :D
 

zioxide

macrumors 603
Dec 11, 2006
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I've always loved the Gadsen flag since my childhood days as a coin collector (yes, I know it's not on any coin.) It annoys me to no end that it's being refactored as a racist symbol. The hell with it. I'm getting a Gadsen sticker for my car.
Im tempted to photoshop a Gadsden flag "I'm with her" sticker just to see the amount of heads it causes to explode.
 
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bradl

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I've always loved the Gadsen flag since my childhood days as a coin collector (yes, I know it's not on any coin.) It annoys me to no end that it's being refactored as a racist symbol. The hell with it. I'm getting a Gadsen sticker for my car.
why do that? Just get a poster of Metallica's Black Album. ;)

BL.
 
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DakotaGuy

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While I agree with you, I marvel at how you religiously link unrelated things. Was there nothing about Hillary you could have tied this to?
[doublepost=1470334688][/doublepost]

That's a Gaysden flag. ;)
It sure is and isn't it fabulous??? :D

Actually as a gay gun owner I have people coming at me from the left and right wanting to take away my rights. "Don't Tread on Me" has a double meaning for me. It's tough when one side (talking hard left and hard right) says you should not be allowed to own a firearm or carry for your defense and the other side wants it legal for you to be discriminated against or not allowed to marry who you love.
 

LizKat

macrumors 603
Aug 5, 2004
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OK, on this one it is clearly a complaint too far....
In a country that says it protects equal rights before the law, then pretty much anyone should be able to fly the Gadsden flag. This guy shoulda just got a Gadsden-logo cap too and be done with it. Outcrazy the crazy.
 
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LizKat

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The American flag was designed by a slave owner.
Someone should ban America!
Yeah, ban America, right after the Democrats just won back the right to wave the flag at conventions and wear flag pins on our way to church again and eat apple pie in broad daylight. No sale! :D

damn, y'all just made me sew a block upside down into this wall hanging. so much for multitasking.

EDIT: and i mean to say "eat apple pie" up there. and it took 20 minutes to rip out that error in my work and sew it back rightside up, guess that will teach me something, not least that making a Gadsden flag is perhaps way above my paygrade.
 
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DakotaGuy

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Jan 14, 2002
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Yeah, ban America, right after the Democrats just won back the right to wave the flag at conventions and wear flag pins on our way to church again and eat apple in broad daylight. No sale! :D

damn, y'all just made me sew a block upside down into this wall hanging. so much for multitasking.
You should sew a Gadsden flag for your wall! :) Seriously though this whole thing is ridiculous. People like this actually hurt the whole cause of eliminating racism. Continue to proudly display your Gadsden flags. They have nothing to do with racism and anyone of any color can fly or display a Gadsden flag.
 

pdqgp

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Mar 23, 2010
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too many morons need safe space. burning the American flag ok, wearing a Gadsden flag = harrasment
at least it looks like he was told to suck-it in the end. think he would be offended if someone asks him to change a $20 bill?
 

thermodynamic

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bradl

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Can I play along? Because I do own this:



It's black and I'm Black, so am I racist? :p

BL.