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Now, if someone were to burn a cross in someones front yard, this is a whole different thing. Equal Employment Opportunity Commission has now taken the position that displaying the Gadsden flag (AKA the a€?Dona€™t Tread on Mea€? flag) constitutes racial harassment.As UCLA Professor Eugene Volokh points out in The Washington Post , the EEOC decided the case of Shelton D.
If someone is promoting killing cops or whites, or anyone of color, or anyone with a certain religion or gays. 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.a€?But with a chance to put the fear of government into the workplace, the EEOC continues, a€?However, whatever the historic origins and meaning of the symbol, it also has since been sometimes interpreted to convey racially-tinged messages in some contexts.
Next they will stay the American flag is a racist symbol because someone that waved it at someone was a racist.

I learned a few things when my niece was in High School, that I learned they do not teach anymore because it is not correct. For example, in June 2014, assailants with connections to white supremacist groups draped the bodies of two murdered police officers with the Gadsden flag during their Las Vegas, Nevada shooting spree.a€?Great. Two nutcases use the Gadsen flag, and suddenly the flaga€™s historic meaning has no relevance any more?Wait, it gets even more ridiculous. The EEOC asserts, a€?Additionally, in 2014, African-American New Haven firefighters complained about the presence of the Gadsden flag in the workplace on the basis that the symbol was racially insensitive.a€?On what basis, pray tell?
Because some people ascribe nefarious motives to a symbol of revolution against tyranny we have to take them seriously?Volokh cogently delineates how dangerous such a position is:Leta€™s think about how this plays out in the workplace. The employee claims that in a€?the specific contexta€? (perhaps based on what has been in the news, or based on what other employees have been saying in lunchroom conversations), this speech is a€?racially tingeda€? or a€?racially insensitive.a€?Would you feel pressured, by the risk of a lawsuit and of liability, into suppressing speech that expresses such viewpoints?

Or would you say, a€?Nope, Ia€™m not worried about the possibility of liability, Ia€™ll let my employees keep talkinga€?? Workplace harassment law has become a content-based, viewpoint-based speech restriction, including on core political speech.

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