Omar Bennett
Boston's flag consists of a sky blue field and the seal of the city of Boston, Massachusetts, in the centre. The flag is flown at Boston City Hall and Boston Common, as well as at private locations within and around the city. The flag is sometimes flown in a darker shade of blue, more of a turquoise, and when used, it is supposed to have a gold fringe, although this is inferred to be for indoor use only. The city of Boston has previously been involved in legal disputes regarding its refusal to fly a Christian flag on a government-owned flagpole at City Hall. The city has also refused to fly the LGBTQ pride flag.
| Characteristics | Values |
|---|---|
| Date | 14th of June |
| Flag | The United States flag |
| Flag Colors | Red, White, and Blue |
| Flag Proportions | 7:10 |
| Flag Design | 13 red and white stripes, and 13 stars |
| Location | Boston City Hall and Boston Common |
| Occasion | Remembrance of the adoption of the flag of the United States in 1777 |
| Flag Usage | Displayed daily except on Sundays or bad weather days |
| Flagpole Usage | The city usually flies three flags: the American flag, the POW/MIA flag, and the Massachusetts flag |
| Flag Requests | The city may grant requests to fly other flags on the third flagpole |
| Flag Guidelines | The United States Flag Code provides guidelines for proper use and handling of the flag |
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What You'll Learn
Boston's flag design
The flag of Boston consists of a sky blue field and the seal of the city of Boston, Massachusetts, in the centre. The shade of blue used on the field is referred to as "Continental blue", and the flag is sometimes flown in a darker shade, more of a turquoise. The flag's proportions are 7:10, and when used, it should have a gold fringe, although this is only for indoor use. The flag was designed in 1913 and officially adopted by the Boston City Council on 29 January 1917.
The city seal, designed in 1823 and officially adopted in 1914, is a circular image featuring the motto "SICUT PATRIBUS, SIT DEUS NOBIS", which means "God be with us as he was with our fathers". The inscription "BOSTONIA CONDITA AD. 1630 CIVITATIS REGIMINE DONATA AD. 1822" also appears on the seal. The image on the flag is either painted on or woven into the fabric, which is made of silk.
The flag is flown at Boston City Hall and Boston Common, as well as at private locations within and around the city. The city ordinance to make a city flag also created a "municipal standard" flag, which has the same design as the city flag but with the addition of a buff stripe on three sides. The municipal standard flag features an image of the Trimountain on the back and a fringe of Continental buff.
The flag of Boston is typically flown alongside the American flag and the POW/MIA flag on one flagpole, the Massachusetts flag on a second flagpole, and the city's own flag on the third. On rare occasions, the city may grant permission for other flags to be flown in place of its own. Boston has previously flown the flags of other countries, such as China and Cuba, as well as flags for groups like Boston Pride and the National Juneteenth Observance Foundation.
In 2017, the city of Boston faced legal action from Harold Shurtleff, who sought to fly a Christian flag on Constitution Day outside City Hall. Shurtleff's request was denied, and he sued, arguing that the refusal to issue a permit for the Christian flag amounted to discrimination against religious expression, violating the First Amendment. The city maintained that flags flown at City Hall constitute a form of government speech, and the First Circuit Court of Appeals ruled in Boston's favour, stating that the city had the right to choose which flags it wanted to fly without being subject to discrimination claims.
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Boston's flag protocol
The Boston city flag is a Continental blue and buff colour, with the city seal in the centre, surrounded by two white rings. The motto contained within the seal is the Latin phrase "Sicut Patribus Sit Deus Nobis", which means "God be with us as he was with our fathers". The flag was designed in 1913 and officially adopted by the Boston City Council on January 29, 1917. The flag is flown at Boston City Hall and Boston Common, as well as at private locations within and around the city. The city ordinance specifies that the flag should be flown with a gold fringe, although this is typically only for indoor use.
The city of Boston typically flies three flags on its flagpoles: the American flag and the POW/MIA flag on one flagpole, the Massachusetts flag on the second, and its own flag on the third. On occasion, the city will grant requests to fly other flags in place of its own. Boston groups may fly the city flag with the mayor's approval, but it cannot be used for commercial or advertising purposes without permission.
Boston has faced some controversies regarding its flag protocol. In 2017, the city denied a request from Camp Constitution to fly a Christian flag on Constitution Day outside City Hall. The group sued, arguing that the rejection violated their First Amendment rights to freedom of speech and religious expression. However, the courts ruled in favour of the city, stating that flags flown at City Hall constitute government speech, and the city has the right to choose which flags it wants to fly without being subject to discrimination claims.
In addition, Boston has faced criticism for refusing to fly the LGBTQ pride flag during Pride Month. While the city has flown the flag of the Boston Pride group, it has not flown the actual pride flag, leading to accusations of discrimination.
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Refusal of Christian flag
The City of Boston normally flies three flags on its flagpoles: the American flag and the POW/MIA flag on one flagpole, the Massachusetts flag on the second, and its own flag on the third. On some occasions, the city has allowed other flags to be flown instead of its own, including those of other countries and groups.
In 2017, Harold Shurtleff, who directs Camp Constitution, applied to fly a Christian flag on the third flagpole in connection with an event he wanted to hold on the plaza in front of City Hall. The flag, bearing a cross, represents Camp Constitution, a group that seeks to enhance understanding of the country's Judeo-Christian moral heritage and appreciation for the U.S. Constitution. The city denied Shurtleff's request but allowed him and Camp Constitution to hold an event there. Shurtleff sued, arguing that the city's rejection of his request violated Camp Constitution's right to free speech and the Constitutions' establishment clause, which bars the city from favoring one religion over another or religion over non-religion.
The federal district court ruled in favor of the city, and the U.S. Court of Appeals upheld that ruling. The appeals court reasoned that flags flown at City Hall constitute a form of government speech, and the city has the right to repudiate a sectarian flag and the responsibility to avoid favoring one belief system over another. The court also determined that the city maintains control over which flags it chooses to fly and that observers would view the flags as government speech.
The case eventually reached the Supreme Court, which agreed to hear it in June 2021. Shurtleff argued that the government speech doctrine was not applicable because the city had created a designated public forum for private speech with the flagpoles. He also contended that the city's refusal to fly the Christian flag amounted to discrimination against religious expression in violation of the First Amendment. However, the Supreme Court ruled that Boston did not violate the First Amendment by refusing to fly the Christian flag.
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First Amendment rights
The First Amendment protects freedom of speech, freedom of religion, freedom of the press, the right to assemble, and the right to petition the government. In the context of flag flying, these rights must be balanced with the government's ability to communicate its own messages and maintain neutrality between different viewpoints.
In the case of Boston's refusal to fly a Christian flag on Constitution Day, the city argued that it had the right to choose which flags it flew on its flagpoles without being subject to discrimination claims. The flagpoles, the city contended, were a form of government speech insulated from First Amendment review. The appeals court agreed with this reasoning, concluding that the city had maintained control over which flags it chose to fly and that observers would view the flags flown at city hall as representing the city's views.
On the other hand, those who argue for the flying of the Christian flag on Boston's flagpoles contend that the flagpoles constitute a public forum, and that the city's refusal to fly the Christian flag amounts to discrimination against religious expression in violation of the First Amendment. They point out that the city has flown flags with religious connotations in the past, including its own flag, which includes the Latin inscription "God be with us as he was with our fathers". Additionally, the city had previously allowed flags for groups such as Boston Pride and the National Juneteenth Observance Foundation to be flown.
The First Amendment thus protects the freedom of speech and religion of private individuals and groups, while also allowing the government to maintain control over its own speech and avoid endorsing or favouring any particular viewpoint. In this case, the courts ruled in favour of the city of Boston, upholding its right to refuse to fly the Christian flag without violating the First Amendment.
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Camp Constitution lawsuit
The flag of Boston consists of a sky blue or turquoise field and the seal of the city of Boston, Massachusetts, in the centre. The motto within the seal is in Latin: "Sicut Patribus Sit Deus Nobis", which means "God be with us as he was with our fathers". The flag is flown at Boston City Hall and Boston Common, as well as at private locations within and around the city.
In 2017, Camp Constitution, a volunteer association established in 2009 to increase appreciation of the country’s Judeo-Christian moral heritage and appreciation for the U.S. Constitution, sought a permit to fly a Christian flag on Constitution Day outside Boston City Hall. The city denied the permit but allowed Camp Constitution to hold an event there. The director of Camp Constitution, Harold Shurtleff, sued, arguing that the refusal to issue the permit amounted to discrimination against religious expression in violation of the First Amendment.
The First Circuit Court of Appeals ruled in favour of the city of Boston, stating that flags flown at city hall constitute a form of government speech insulated from First Amendment review. The court determined that the city had maintained control over which flags it chose to fly and that observers would view the flags as government speech. The Supreme Court decided to hear Camp Constitution's lawsuit in 2021, with a decision expected by June 2022. The lawsuit raises the issue of government versus private speech.
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Frequently asked questions
Boston usually flies three flags: the American flag and the POW/MIA flag on one flagpole, the Massachusetts flag on the second, and its own flag on the third. The city has occasionally granted requests to swap out flags, but it has never flown a flag labelled as religious. In 2017, Boston refused to fly a Christian flag on Constitution Day, citing that the flags flown at City Hall constitute a form of government speech.
The Boston flag consists of a sky blue or turquoise field and the seal of the city of Boston, Massachusetts, in the centre. The motto contained within the seal is the Latin phrase "Sicut Patribus Sit Deus Nobis", meaning "God be with us as he was with our fathers". The flag was designed in 1913 and officially adopted by the Boston City Council in 1917.
Boston has occasionally granted requests to fly other flags, including the flags of China and Cuba, as well as flags for groups such as Boston Pride and the National Juneteenth Observance Foundation.
