Supreme Court unanimously rules that the city of Boston violated the Constitution when it refused to let a local organization fly a Christian flag in front of city hall.
While the case had religious overtones, the decision was fundamentally about free speech rights. The court said the city created a public forum, open to all comers, when it allowed organizations to use a flagpole in front of City Hall for commemorative events. Denying the same treatment for the Christian flag was a violation of free expression, it said.
"The city’s lack of meaningful involvement in the selection of flags or the crafting of their messages leads us to classify the flag raisings as private, not government, speech — though nothing prevents Boston from changing its policies going forward," Breyer added. Its founder, Harold Shurtleff, applied to use one of three flagpoles in front of city hall. Two of them are for the flags of the United States and the State of Massachusetts. The city makes the third available to private organizations that conduct commemorations in the plaza in front of the building to celebrate the community’s diversity.He sued after the city turned him down. Boston said the choice of flags on the third pole was an expression of.
"Under the Constitution, a government may not treat religious persons, religious organizations, or religious speech as second-class," Justice Brett Kavanaugh wrote in his concurring opinion.
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