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The court should consider three factors in deciding whether a given message is government speech, Justice Breyer wrote: the history of the practice in question, whether observers were likely to believe that the messages reflected the government’s views and how much the government controlled the messages. “The city cannot generally open its flagpole to flags from private civic and social groups while excluding otherwise similar groups with religious views,” the administration’s brief said.
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Justice Breyer concluded that the Christian flag was private speech in a public forum and that the city’s refusal to let “Camp Constitution fly their flag based on its religious viewpoint violated the free speech clause of the First Amendment.”īoth the Biden administration and the American Civil Liberties Union had filed supporting briefs siding with the Christian group’s position. When the government is speaking for itself, it is immune from First Amendment scrutiny. 20-1800, was whether the city had created a public forum by allowing private groups to use its flagpole or was conveying its own speech by choosing and endorsing the flags it approved. Breyer, writing for six members of the court, said the central question in the case, Shurtleff v. It rejected only one, from Camp Constitution, which says it seeks “to enhance understanding of our Judeo-Christian moral heritage.” The group’s application said it sought to raise a “Christian flag” for one hour at an event that would include “short speeches by some local clergy focusing on Boston’s history.” The flag bore the Latin cross. In a 12-year period, the city approved 284 requests to raise flags on the third flagpole. One of the three flagpoles in front of the building, which ordinarily flies the flag of Boston, is occasionally made available to groups seeking to celebrate their backgrounds or to promote causes like gay pride. WASHINGTON - The Supreme Court unanimously ruled on Monday that the City of Boston had violated the First Amendment when it refused to let a private group raise a Christian flag in front of its City Hall.