Government Speech Tag

Supreme Court Decides Important Government Speech Case

Yesterday, in a unanimous decision in Shurtleff v. Boston, the Supreme Court held that Boston violated the First Amendment by refusing to fly a Christian flag in front of City Hall when it had approved hundreds of other third-party flags over the years prior to this one and never rejected one until now.  This case centered on whether Boston was engaging in government speech or whether it had (inadvertently) created a public forum for private speech, whereby refusing to fly...