Shurtleff v. City of Boston | |
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Argued January 18, 2022 Decided May 2, 2022 | |
Full case name | Harold Shurtleff, et al. v. City of Boston, Massachusetts, et al. |
Docket no. | 20-1800 |
Citations | 596 U.S. ___ (more) |
Argument | Oral argument |
Holding | |
1. When the government opens up its property to the public for purely private speech, it does not necessarily constitute government speech.
2. Permitting private religious expression on government property when that property is made a public forum for comparable private expression does not violate the establishment clause. 3. Prohibiting the use of government property for private expression based solely on its religious content while allowing comparable private speech constitutes impermissible viewpoint discrimination and violates the First and Fourteenth Amendments. | |
Court membership | |
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Case opinions | |
Majority | Breyer, joined by Roberts, Sotomayor, Kagan, Kavanaugh, Barrett |
Concurrence | Kavanaugh |
Concurrence | Alito (in judgment), joined by Thomas, Gorsuch |
Concurrence | Gorsuch (in judgment), joined by Thomas |
Laws applied | |
U.S. Const. amend. I |
Shurtleff v. City of Boston, 596 U.S. ___ (2022), was a United States Supreme Court case related to the First Amendment to the United States Constitution. The case concerned the City of Boston's program that allowed groups to have their flags flown outside Boston City Hall. In a unanimous 9–0 decision, the Court ruled that the city violated a Christian group's free speech rights when it denied their request to raise a Christian flag over City Hall.[1][2]
This decision received praise from religious liberty organizations as well as the Biden Administration and the American Civil Liberties Union (ACLU).[3][4]
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