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Constitutional Rights

Boston’s Refusal to Allow Christian Flag to Fly Is Unconstitutional, Unanimous Supreme Court Finds

City had allowed Chinese communist flag to be flown

Boston’s Refusal to Allow Christian Flag to Fly Is Unconstitutional, Unanimous Supreme Court Finds
Supreme Court Associate Justice Stephen Breyer holds up a copy of the U.S. Constitution as he announces his retirement in the Roosevelt Room of the White House on Jan. 27, 2022. Andrew Harnik/AP Photo
Matthew Vadum
Matthew Vadum
5/2/2022|Updated: 5/3/2022

The Supreme Court ruled unanimously on May 2 that Boston’s decision to allow national flags and flags about historic events, causes, and organizations to fly outside its city hall while refusing to raise a Christian flag is an unconstitutional example of government censorship.

The court’s opinion (pdf) in the case, Shurtleff v. Boston, court file 20-1800, was written by outgoing Justice Stephen Breyer, 83, who is expected to retire and will be replaced by Judge Ketanji Brown Jackson when the court’s current term ends. Oral arguments in the case, an appeal from the U.S. Court of Appeals for the 1st Circuit, came on Jan. 18.
Matthew Vadum
Matthew Vadum
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Matthew Vadum is an award-winning investigative journalist.
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Boston
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