1ST AMENDMENT RIGHTS Violations ...to be ARGUED B4 SCOTUS Jan. 18, 2022, regarding Boston’s refusal to fly a Christian flag over city hall.

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Lady Patriot

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Dec 30, 2020
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Liberty Counsel sued the City of Boston on behalf of Camp Constitution;
THIS CASE WILL BE ARGUED B4 SCOTUS TOMORROW, Jan. 18, 2022

Boston’s refusal to fly a Christian flag over city hall raises First Amendment questions in case due to be argued in from of the U.S. Supreme Court.​

When it hears oral argument on Tuesday in Shurtleff v. City of Boston, the Supreme Court will return to the role of religion in public spaces.

The question comes to the court in an important free speech case arising from Boston’s practice of allowing outside groups to fly their flags on one of the three flagpoles in front of city hall.

A group that was denied permission to fly a “Christian flag” there contends that the city’s policy unconstitutionally silences unpopular speech, while the city counters that it needs the ability to decide what messages it conveys through the flags that fly on its flagpoles.


The city normally flies the same three flags on the flagpoles:
the American flag and the POW/MIA flag on one flagpole, the Massachusetts flag on the second flagpole,
and its own flag on the third.


Occasionally, however, the city will grant a request to swap out another flag for its own.

Over the past 12 years, it has flown the flag of other countries (including China and Cuba), as well as flags for groups such as Boston Pride (an LGBTQ group) and the National Juneteenth Observance Foundation.

The case before the court on Tuesday arose in 2017, when Harold Shurtleff applied to fly a “Christian flag,” bearing a cross, on the third flagpole in connection with an event that he wanted to hold on the plaza in front of city hall.

The flag represents Camp Constitution, the group that he founded that seeks “to enhance understanding of the country’s Judeo-Christian moral heritage.” The city denied Shurtleff’s initial request, and it didn’t respond to a second request.

Shurtleff sued the city in federal court, arguing that the city’s rejection of his request violated Camp Constitution’s right to free speech and the Constitution’s establishment clause, which bars the city both from favoring one religion at the expense of another and from preferring religion over nonreligion.

A federal district court ruled for the city, and the U.S. Court of Appeals upheld that ruling. It reasoned that flying other groups’ flags on the city’s flagpole amounted to speech by the city, which allows it to choose which flags it wants to fly without being subject to discrimination claims.

The court of appeals ruled that the city’s rejection of Shurtleff’s request also did not violate the establishment clause.

Shurtleff came to the Supreme Court in June 2021, asking the justices to weigh in, which they agreed to do.

In his brief on the merits, Shurtleff contends that because the city has opened up the flagpoles for private flag raisings, the flagpoles are not speech by the city but instead a “public forum,” where the government can’t impose restrictions based on the speaker’s viewpoint. Restrictions based on the content of the speech in a public forum, Shurtleff adds, must pass the most stringent constitutional test, known as strict scrutiny.

When the city rejected Shurtleff’s request to raise Camp Constitution’s flag only because it was called a “Christian” flag, he argues, it discriminated against Shurtleff and Camp Constitution based on their viewpoint and based on the content of their speech.

The city cannot excuse its exclusion of the flag on the ground that it was trying to avoid violating the establishment clause, he observes. The establishment clause, he stresses, only prohibits government speech endorsing religion, not private speech. And the private flags on the city’s flagpoles cannot be (contrary to the 1st Circuit’s ruling) government speech, he suggests:

The city did not review any of the 284 other private flags that were raised on the third flagpole, much less exercise the kind of direct and effective control over the flags and the messages that they convey that would make them government speech.
https://www.scotusblog.com/2022/01/...r-city-hall-raises-first-amendment-questions/
 

NvEric

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The "establishment clause" is crap, another one of those Dred Scott type of "decisions"

The Establishment Clause is Un-American and anti-American and MUST be removed forever.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; . . . ."

SCOTUS was wrong to make the decision in 1962, for it has no authority to change the Constitution !
SCOTUS violated the Constitution !
They did not follow the very document they are to protect !
 

Lady Patriot

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Dec 30, 2020
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The "establishment clause" is crap, another one of those Dred Scott type of "decisions"

The Establishment Clause is Un-American and anti-American and MUST be removed forever.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; . . . ."

SCOTUS was wrong to make the decision in 1962, for it has no authority to change the Constitution !
SCOTUS violated the Constitution !
They did not follow the very document they are to protect !
The legal "argument" is about DISCRIMINATION relative to Boston ALLOWING LGBTQ, etc. flags to fly....BUT NOT THE FLAG OF ANOTHER petitioner...it's pretty simple and, it is not about "religion"...but rather about PARTIALITY...make sense?
 

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