WASHINGTON, D.C. — Liberty Counsel on June 21 filed a petition to the U.S. Supreme Court on behalf of Boston resident Hal Shurtleff and his Christian civic organization, Camp Constitution, arguing that the city of Boston violated the First Amendment by censoring a private flag in a public forum merely because the application form referred to the flag as a “Christian flag.”
Despite the clear evidence presented at trial, the First Circuit Court of Appeals sided with the city of Boston’s censorship of the Christian viewpoint on the public forum, a place designated as a “public forum” by Boston’s written policy and confirmed by its unbroken practice during which it never censored private speech — until Camp Constitution’s application. The Court of Appeals expanded the government speech cases far beyond Supreme Court precedent.
Never has Boston censored any flag until the Camp Constitution’s flag, which is white with a blue square in the upper corner and a red cross. The flag contains no writing. Under oath, the city official testified the flag would have been approved if the application did not refer to it as a “Christian flag.” The word “Christian” on the application alone triggered the censorship.
The official said he had never heard of a “Christian flag” until Camp Constitution’s application. This testimony showed that if Camp Constitution had not referred it the flag on the application with the word “Christian,” it would not have been censored.
The city refers to its flagpole as a “public forum” and allows private organizations to temporarily raise their own flags on the flagpoles. The city of Boston’s website even states the goals for flag-raising events include, “We commemorate flags from many countries and communities at Boston City Hall Plaza. We want to create an environment in the city where everyone feels included.”
However, the city censored the religious viewpoint of Camp Constitution’s flag, which was to be raised for about an hour on September 17 in observance of Constitution Day, while supporters gathered around the flagpole. The flag was part of the ceremony to honor the Constitution and recognize the Christian Founders.
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