Shurtleff v. Boston
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Shurtleff v. Boston and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Shurtleff v. Boston.
The Supreme Court reviewed whether Boston's flag-raising program constituted government speech or private expression. The Court found that Boston's lack of control over the flag-raising ceremonies indicated that the flags represented private speech. Consequently, Boston's refusal to allow the petitioners to raise their flag due to its religious nature violated the Free Speech Clause.
Holding
The single most important “bottom line” of what the Court decided in Shurtleff v. Boston.
The Court held that Boston's flag-raising program did not express government speech, and thus, refusing the petitioners' flag-raising request violated the Free Speech Clause.
Constitutional Concepts
These are the Constitution-related themes that appear in Shurtleff v. Boston. Click a concept to see other cases that involve the same idea.
-
Why Free Speech is relevant to Shurtleff v. Boston
The central issue was whether Boston's refusal to allow the flag raising constituted a violation of the Free Speech Clause.
Syllabus excerpt (verbatim)Boston's refusal to let them raise their flag violated, among other things, the First Amendment's Free Speech Clause.
-
Why Establishment of Religion is relevant to Shurtleff v. Boston
Boston's decision was influenced by concerns about violating the Establishment Clause, which relates to government endorsement of religion.
Syllabus excerpt (verbatim)The commissioner of Boston's Property Management Department worried that flying a religious flag at City Hall could violate the Establishment Clause.
-
Why Free Exercise of Religion is relevant to Shurtleff v. Boston
The case involved the denial of a request to raise a religious flag, implicating the Free Exercise Clause.
Syllabus excerpt (verbatim)Boston's refusal to allow petitioners to raise their flag because of its religious viewpoint violated the Free Speech Clause.
Key Quotes
Short excerpts from the syllabus in Shurtleff v. Boston that support the summary and concepts above.
Boston's refusal to let petitioners raise their flag violated the Free Speech Clause of the First Amendment.
Boston's lack of meaningful involvement in the selection of flags or the crafting of their messages leads the Court to class the third-party flag raisings as private, not government, speech.
Boston's refusal to allow petitioners to raise their flag because of its religious viewpoint violated the Free Speech Clause.