SCOTUS Rules Boston Violated First Amendment by Refusing to Fly Christian Flag

The Supreme Court ruled on Monday that the city of Boston, Mass. was in violation of the First Amendment when it declined to fly the flag of a Christian group outside of City Hall, while being perfectly amenable to flying the flags of other outside groups. The decision was unanimous.

The decision for Shurtleff v City of Boston was penned by Justice Breyer, who resigned earlier this year but still sits on the bench pending the swearing in of Biden’s approved nominee Ketanji Brown Jackson.

“When the government encourages diverse expression— say, by creating a forum for debate—the First Amendment prevents it from discriminating against speakers based on their viewpoint,” Breyer wrote.

“But when the government speaks for itself, the First Amendment does not demand airtime for all views,” Breyer continued. “After all, the government must be able to ‘promote a program’ or ‘espouse a policy; in order to function.”

“The line between a forum for private expression and the government’s own speech is important, but not always clear,” he wrote.

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