Shurtleff v. City of Boston

U.S. Supreme Court · decided May 2, 2022 · Supreme Court Database (Spaeth)

Decided
May 2, 2022
Term
October Term 2021
Vote
9–0
Majority author
Justice Breyer
Issue area
First Amendment
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Liberal
Constitutional ruling
Local ordinance held unconstitutional

Opinion excerpt

(Slip Opinion) OCTOBER TERM, 2021 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus SHURTLEFF ET AL. v. CITY OF BOSTON ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 20–1800. Argued January 18, 2022—Decided May 2, 2022 Just outside the entrance to Boston City Hall, on City Hall Plaza, stand three flagpoles. Boston flies the American flag from the first pole and the flag of the Commonwealth of Massachusetts from the second. Bos- ton usually flies the city’s own flag from the third pole. But Boston has, for years, allowed groups to hold ceremonies on the plaza during which participants may hoist a flag of their choosing on the third pole in place of the city’s flag. Between 2005 and 2017, Boston approved the raising of about 50 unique flags for 284 such ceremonies. Most of these flags were other countries’, but some were associated with groups or causes, such as the Pride Flag, a banner honoring emergency medical service workers, and others. In 2017, Harold Shurtleff, the…

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