The Supreme Court on Monday ruled the city of Boston violated a man's First Amendment rights when it said he could not raise a Christian flag in front of City Hall, despite allowing other groups from the community to raise secular flags.
In a unanimous opinion written by Justice Stephen Breyer, the high court ruled that while the case held religious undertones, the case was ultimately about free speech rights. Justices argued the city created a public forum open to anyone to participate when it allowed organizations to use a flagpole in front of City Hall for commemorative purposes.
The city believed it would have violated the Constitution if it allowed a"religious flag to briefly fly outside of City Hall as part of the flag-raising program that the City had opened to the public," Kavanaugh wrote."So Boston granted requests to fly a variety of secular flags, but denied a request to fly a religious flag."
Shurtleff sued after the city turned down his request to fly the flag. Boston argued the flag would be an expression of the city's views and would constitute a government endorsement of religion.
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