Boston has decided to ignore the Supreme Court’s ruling concerning flag display rights. In the case of Shurtleff v. Boston, the Court unanimously concluded that Boston violated the civil rights of a Christian group by rejecting its application to fly its flag on a City Hall flagpole. The Court determined that Boston’s longstanding practice of approving nearly all flag requests transformed the flagpole into a public forum, meaning religious views cannot be selectively excluded. This ruling applies universally, not just to Christian groups.
The Satanic Temple (TST) submitted a request to fly its flag in that same forum the day after the Supreme Court issued its ruling. However, Boston promptly denied the request, claiming that the flag program had already been suspended when TST submitted its application. The city then introduced new policies and reclassified the flagpole as a vehicle for government speech, which contradicts the Supreme Court’s decision. Under this new classification, city officials argue they can control which viewpoints are allowed to be displayed.
Shortly after announcing that all future flags would represent the city’s official speech, Boston raised a Christian flag. The city has not explained how this Christian flag meets the new criteria while simultaneously denying TST’s request. When TST filed a public records request to investigate the flagpole approval process, Boston claimed that no applications existed, including the one TST submitted through the city’s website. This denial is unlawful under Massachusetts law, which requires the disclosure of existing public records.
The Supreme Court clearly mandated that Boston end viewpoint discrimination in its flagpole program. However, the city disregarded this ruling and continued to exclude religious perspectives it disapproves of. The Satanic Temple’s lawsuit aims to remind Boston that compliance with constitutional law is not optional.
Court Documents
The Satanic Temple v. City of Boston Complaint
TST's Opposition to Boston's Motion to Dismiss
