Supreme Court rules Boston’s refusal to fly Christian flag unconstitutional

Source: The Hill | May 2, 2022 | John Kruzel

The Supreme Court on Monday unanimously ruled that Boston violated the Constitution by refusing to permit a Christian group to fly its flag outside City Hall while allowing other organizations to hoist their banners.

The justices said the city had run afoul of free speech protections by declining a request from Camp Constitution, a religious group, to fly a Christian flag bearing the Latin cross to commemorate Constitution Day and honor the Christian community’s civic contribution.

A pivotal issue in the case was whether Boston, by making a flagpole on City Hall Plaza available for use by certain outside groups, had created a forum for private speech, or whether the flying of third-party flags amounted to a government-backed message.

In a 9-0 decision penned by Justice Stephen Breyer, the court ruled that because Boston’s flag-flying tradition did not amount to government speech, the city’s refusal to fly Camp Constitution’s based on its religious viewpoint violated the groups freedom of speech.

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