Shurtleff v. City of Boston

Shurtleff v. City of Boston
Argued January 18, 2022
Decided May 2, 2022
Full case nameHarold Shurtleff, et al. v. City of Boston, Massachusetts, et al.
Docket no.20-1800
Citations596 U.S. ___ (more)
ArgumentOral 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
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan · Neil Gorsuch
Brett Kavanaugh · Amy Coney Barrett
Case opinions
MajorityBreyer, joined by Roberts, Sotomayor, Kagan, Kavanaugh, Barrett
ConcurrenceKavanaugh
ConcurrenceAlito (in judgment), joined by Thomas, Gorsuch
ConcurrenceGorsuch (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]

  1. ^ "Supreme Court rules against Boston in Christian flag case". Politico. Associated Press. May 2, 2022. Archived from the original on May 2, 2022.
  2. ^ "Shurtleff v. Boston". Oyez Project. May 2, 2022. Archived from the original on May 3, 2022.
  3. ^ Cite error: The named reference :0 was invoked but never defined (see the help page).
  4. ^ Cite error: The named reference :1 was invoked but never defined (see the help page).