Justices Suggest Boston Erred In Religious Flag Decision

By Brian Dowling (January 18, 2022, 3:38 PM EST) -- A trio of U.S. Supreme Court justices said Monday that Boston's decision to deny a camp's request to fly a Christian flag on a city-owned flagpole was rooted in a mistaken understanding of how the First Amendment applied to the public forum.

Camp Constitution and its director Harold Shurtleff argued that the high court should overturn a First Circuit decision that backed Boston's denial because it qualified as government speech.

Justices Elena Kagan, Brett M. Kavanaugh and Neil M. Gorsuch hinted that they saw Camp Constitution's argument as the better one. All three pressed Boston's attorney, Ropes & Gray's Douglas Hallward-Driemeier,...

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