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

by Matthew Vadum


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 Jan. 18.

Justices Brett Kavanaugh, Samuel Alito, and Neil Gorsuch each filed a separate opinion concurring in the judgment of the court…


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