Supreme Court favors Christian flag-flyers

The nation’s highest court ruled unanimously Monday that Boston officials violated a man’s free speech rights by refusing his request to fly a Christian flag outside City Hall. Boston designated the flagpole as a forum for private groups to raise flags in honor of the city’s diversity. Over 12 years, it approved almost 300 consecutive applications before rejecting Harold Shurtleff’s request. In 2017, Shurtleff and a group called Camp Constitution wanted to fly a white banner with a red cross on a blue background to mark Constitution Day. The city said he could fly a different banner, but Shurtleff refused.

What were the grounds for the decision? The case came down to whether flag-flying is a governmental act or a private, free speech matter. Justice Stephen Breyer wrote the case demonstrated religious discrimination because, until Shurtleff applied to raise a Christian flag, Boston had shown no interest in regulating the messages that hundreds of approved flags represented. He did note that the city could change its policies moving forward.

Dig deeper: Read Steve West’s report in Liberties about the oral arguments in this case.