Supreme Court Makes Ruling On Christian Flag Outside Boston City Hall

By Jason Hall

May 2, 2022

Photo: Getty Images

The United States Supreme Court has unanimously ruled that Boston violated the First Amendment rights of a group that intended to raise a Christian flag outside the City Hall during a city program celebrating Boston's community.

The court said the flag display was part of a public forum and, since many other groups were permitted to raise their respective flags during the ceremony celebrating the Boston community, the city couldn't discriminate based on the religious group's viewpoint without violating its Constitutional rights.

"We conclude that, on balance, Boston did not make the raising and flying of private groups' flags a form of government speech," Justice Stephen Breyer wrote via CNN.

The case was initially filed in 2018 after Camp Constitutional applied to raise its flag -- described as "Christian" in its application -- on one of three city hall flagpoles as part of the celebration, which was denied by a Boston official.

The all-volunteer group said its main objective is to "enhance understanding of the country's Judeo-Christian moral heritage."

The case needed to identify whether the flagpole was considered to be an example of government speech, which would allow the city to limit displays without violating Constitutional rights.

Government regulation of private speech is restricted in adherence with the Free Speech Clause of the Constitution, but it doesn't regulate government speech.

However, if the display amounts to private speech in a government forum in which others are allowed to express views, the government cannot discriminate based on viewpoints in question, with Justice Breyer concluding that the program "does not express government speech" and all of the justices agreeing to the outcome.

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