The Supreme Court on Tuesday will consider whether the city of Boston was wrong when it refused to let an organization fly a Christian flag in front of City Hall.
The case invites the court to decide whether the flagpole conveys a government message or whether it's a forum open to all comers. Boston says the flagpole is an expression of the city's views, and therefore letting the Christian flag fly would amount to an unconstitutional government endorsement of religion.
But Boston's legal position is opposed by the Biden administration and the American Civil Liberties Union. They say the city cannot censor a religious message in what amounts to a public forum.
Under previous Supreme Court rulings, if the flagpole is considered government speech, then the city can say, or decline to say, whatever it wants. But if the flagpole is deemed a public forum, the government can't choose which messages to allow and which to ban.