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Monday, May 2, 2022

Another Free Speech Decision


For John, BLUFThis seems reasonable.  If "A" can fly their flag, why not "Z", and all those in between.  Nothing to see here; just move along.




Here is the sub-headline:

In a unanimous decision, the court said the city created a public forum, open to all comers, when it allowed organizations to use a flagpole in front of City Hall.

From NBC News, by Reporter Pete Williams, 2 May 2022, 1:38 PM EDT.

Here is the lede plus three:

The Supreme Court ruled unanimously on Monday that the city of Boston violated the Constitution when it refused to let a local organization fly a Christian flag in front of city hall.

While the case had religious overtones, the decision was fundamentally about free speech rights. The court said the city created a public forum, open to all comers, when it allowed organizations to use a flagpole in front of City Hall for commemorative events.  Denying the same treatment for the Christian flag was a violation of free expression, it said.

"When the government encourages diverse expression — say, by creating a forum for debate — the First Amendment prevents it from discriminating against speakers based on their viewpoint," Justice Stephen Breyer wrote in the decision.

"The city’s lack of meaning­ful involvement in the selection of flags or the crafting of their messages leads us to classify the flag raisings as pri­vate, not government, speech — though nothing prevents Boston from changing its policies going forward," Breyer added.

I admit to being one of those who is reasonably happy with the US Supreme Court.

Hat tip to the InstaPundit.

Regards  —  Cliff

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