The Supreme Court ruled unanimously on Monday 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.
"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," Justice Stephen Breyer wrote in the decision.
"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.The ruling was a victory for a group called Camp Constitution, which says part of its mission is “to enhance understanding of the country’s Judeo-Christian heritage.” The group wanted to raise a flag bearing a Latin cross during a one-hour event that would include speeches about Boston’s history from local clergy.