Theres a lot of well-meaning advice against retreat, often offered in the context of war by people who are not themselves on the front lines. Yet, when it comes to the courtroom battle now being waged over a flagpole on Boston City Hall plaza, the opposite sentiment, as expressed by Norman Vincent Peale, is worth considering: Part of the happiness of life consists not in fighting battles, but in avoiding them. A masterly retreat is in itself a victory.
In this instance, retreat means ending the policy that allows public use of a City Hall flagpole. Given the legal tangle over free speech issues the flagpole has created for Boston and could create for other cities and government entities if the Supreme Court rules against the city it may be wise for Mayor Michelle Wu to end the policy now and negotiate a settlement with the plaintiff.
Under current policy, Boston has allowed a wide variety of flags to be flown on City Hall Plaza. Over time, this has included everything from flags celebrating Boston Pride and Juneteenth to flags of other countries. Indeed, from 2005 to 2017, the city approved 284 consecutive requests.
Then, in September 2017, the city refused to let Harold Shurtleff, a conservative activist and director of a private group, Camp Constitution, raise a flag featuring a red cross inside a blue box called a Christian flag. The group sued, and a federal appeals court sided with the city. However, the Supreme Court agreed to take up the case, and thats when, as Globe columnist Kimberly Atkins Stohr, wrote, an interesting thing happened: The Biden administration and the ACLU backed Shurtleff.
And Supreme Court justices appear to be leaning that way, too.
The city argued that raising the Christian flag would make it look like the government is sponsoring religious speech. But the group said the citys rebuff violated its First Amendment rights. In its brief, the group argued that the citys application form designates the flagpoles as one of Bostons public forums open to all applicants for private speech. So why isnt the flagpole open to these particular applicants? As Justice Department lawyer Sopan Joshi argued, The city has some discretion, but it probably means that if it permits a group to raise a Black Lives Matter flag, they probably would have to be able to raise a Proud Boys flag. I mean, thats just what the First Amendment demands.
Supreme Court justices seem to agree. As The New York Times reported, Justices across the ideological spectrum . . . seemed ready to rule that the city had violated the free speech rights of Camp Constitution. Some of the justices also seemed to be telegraphing a message to Boston that it should fix the mess created by the policy. This was a mistake, Justice Elena Kagan said of the citys approach. And why is it that people have not been able to correct this mistake? Added Justice Stephen Breyer: Cant it be settled?
The program is on temporary pause, and no final decision about its fate has been made, according to Rob Arcangeli, assistant corporation counsel for the City of Boston. If the program is restarted, he said, it would be in accordance with any guidance set forth in a Supreme Court decision on the matter.
The city could end the practice for good. But according to Arcangeli, Boston cant simply end it and then ask the court to dismiss the case, because the complaint seeks damages. The city also seems reluctant to give up the flagpole policy entirely, believing theres a way to adjust the program so it retains discretion over the viewpoints expressed over its flagpole, said Arcangeli.
But a ruling against Boston, depending on how sweeping it is, could make it more difficult for cities across the country to maintain the separation between church and state. Does the City of Boston want to create that risk? In this case, retreat seems the better option.
Editorials represent the views of the Boston Globe Editorial Board. Follow us on Twitter at @GlobeOpinion.
Excerpt from:
Wave the white flag in City Hall Plaza free speech case, Mayor Wu - The Boston Globe
- Proud Boys Leader Sentenced to 22 Years in Prison for Seditious ... - Department of Justice - September 11th, 2023 [September 11th, 2023]
- DeSantis and Ramaswamy Call Proud Boys' Sentences 'Excessive ... - The New York Times - September 11th, 2023 [September 11th, 2023]
- Who Would Condemn a Community Rally Against the Proud Boys ... - Saratoga TODAY Newspaper - September 11th, 2023 [September 11th, 2023]
- Florida man connected to Proud Boys pleads guilty to assaulting police during Capitol riot - The Hill - August 26th, 2023 [August 26th, 2023]
- Vancouver Proud Boy gets prison for Portland rally riot - The Columbian - July 23rd, 2023 [July 23rd, 2023]
- 'Active club' hate groups are growing in the U.S. and making ... - NPR - July 23rd, 2023 [July 23rd, 2023]
- Louisiana's education chief to address extremist Moms for Liberty ... - Louisana Illuminator - July 23rd, 2023 [July 23rd, 2023]
- East Naples 'Proud Boy' guilty in attack on Jan. 6 U.S. Capitol. - Naples Daily News - May 18th, 2023 [May 18th, 2023]
- KC Proud Boy jailed more than 2 years in Jan. 6 case to stay there after another delay - Yahoo News - May 18th, 2023 [May 18th, 2023]
- Proud Boys and Oath Keepers: what is their future with top leaders jailed? - The Guardian US - May 18th, 2023 [May 18th, 2023]
- Latino faith leaders to gather for summit on Christian nationalism - The Washington Post - May 18th, 2023 [May 18th, 2023]
- Proud Boys on trial for Jan. 6 riot want to subpoena Donald Trump to ... - February 18th, 2023 [February 18th, 2023]
- Proud Boys member drafts subpoena to call Trump as a witness in Jan. 6 ... - February 18th, 2023 [February 18th, 2023]
- Proud Boys leaders facing Jan. 6 charges say they intend to subpoena ... - February 18th, 2023 [February 18th, 2023]
- Delilahs Gentlemens Club bartender gets probation for storming the Capitol with aspiring Proud Boys - The Philadelphia Inquirer - February 18th, 2023 [February 18th, 2023]
- Jan. 6 trial of Proud Boys leaders plagued by bickering between lawyers ... - February 13th, 2023 [February 13th, 2023]
- Proud Boys sedition trial shows group keying off Trump comments - February 13th, 2023 [February 13th, 2023]
- Four Takeaways From the Proud Boys Jan. 6 Sedition Trial So Far - February 12th, 2023 [February 12th, 2023]
- Enrique Tarrio - Wikipedia - February 5th, 2023 [February 5th, 2023]
- Former Proud Boy testifies in Jan. 6 seditious conspiracy trial - January 25th, 2023 [January 25th, 2023]
- Proud Boys on defensive at sedition trial haunted by absent Trump - January 25th, 2023 [January 25th, 2023]
- Proud Boys expecting 'civil war' before Jan. 6, witness says - January 25th, 2023 [January 25th, 2023]
- 'We were openly expecting a civil war' | Former Proud Boy testifies at seditious conspiracy trial - WUSA9.com - January 25th, 2023 [January 25th, 2023]
- Proud Boys | Leader, Founder, History, January 6 Attack, & Donald Trump ... - January 4th, 2023 [January 4th, 2023]
- Proud Boys attorney wants Trump's 'stand back and stand by' statement kept out of trial - WUSA9.com - January 4th, 2023 [January 4th, 2023]
- Feds Had Informants In Proud Boys And Oath Keepers For J6 - December 28th, 2022 [December 28th, 2022]
- A Disputed Witness at the Proud Boys Sedition Trial: A Police Officer - The New York Times - December 12th, 2022 [December 12th, 2022]
- Proud Boys memo reveals meticulous planning for street-level violence ... - November 27th, 2022 [November 27th, 2022]
- F.B.I. Had Informants in Proud Boys, Court Papers Suggest - November 27th, 2022 [November 27th, 2022]
- Jeremy Bertino, Proud Boys member from North Carolina, pleads guilty to ... - November 21st, 2022 [November 21st, 2022]
- Ex Proud Boys leader pleads guilty to seditious conspiracy in Jan. 6 - November 21st, 2022 [November 21st, 2022]
- Proud Boys leader pleads guilty to seditious conspiracy, agrees to ... - November 21st, 2022 [November 21st, 2022]
- Proud Boys leader pleads guilty to seditious conspiracy over Jan. 6 ... - November 21st, 2022 [November 21st, 2022]
- Proud Boys leader pleads guilty to seditious conspiracy - November 21st, 2022 [November 21st, 2022]
- Penn State refuses to cancel a speech by Proud Boys founder - NPR - October 13th, 2022 [October 13th, 2022]
- Proud Boys gather outside of Drag Queen Story Hour in Wheaton - BethesdaMagazine.com - October 13th, 2022 [October 13th, 2022]
- 'Clear and present danger': Jan. 6 committee to describe lingering Trump threat - POLITICO - October 13th, 2022 [October 13th, 2022]
- 7 Ways Roger Stone Was Connected to the January 6 Attack Mother Jones - Mother Jones - October 13th, 2022 [October 13th, 2022]
- Contompasis convicted in 2021 stabbing of two Proud Boys - Times Union - October 8th, 2022 [October 8th, 2022]
- Synthego Launches Engineered Cell Libraries to Validate Targets with Speed and Accelerate Drug Discovery - Brazosport Facts - August 2nd, 2022 [August 2nd, 2022]
- IDRx Launches with $122 Million Series A Financing to Treat Cancer with Purpose-Built Precision Combination Therapies - Business Wire - August 2nd, 2022 [August 2nd, 2022]
- Global Human Identification Market Report 2022: Massive Scope for Adoption of NGS and Capillary Electroph - Benzinga - August 2nd, 2022 [August 2nd, 2022]
- F2: France Preview, Predictions and How to Watch - Last Word On Motorsport - July 25th, 2022 [July 25th, 2022]
- The Age of the Superyacht - The New Yorker - July 25th, 2022 [July 25th, 2022]
- Proud Boys' trial delayed after defendants say Jan. 6 committee ... - June 29th, 2022 [June 29th, 2022]
- New video shows Proud Boys ignored their own orders against violence ... - June 29th, 2022 [June 29th, 2022]
- Proud Boys disrupt Pride event at Wilmington library - June 29th, 2022 [June 29th, 2022]
- Proud Boys Showed Up To A Pride Month Library Event But Were Met With A ... - June 29th, 2022 [June 29th, 2022]
- Why Are the Proud Boys so Afraid of Drag Queens? - June 29th, 2022 [June 29th, 2022]
- Sarasota school board candidates must openly condemn the Proud Boys - Sarasota Herald-Tribune - June 29th, 2022 [June 29th, 2022]
- NAACP calls for Jefferson County Commissioner Jacksons resignation after posing with Proud Boys - WDVM 25 - June 29th, 2022 [June 29th, 2022]
- Shane Lamond, MPD Lieutenant Under Investigation For Ties to Proud Boys, Accused of Time Theft Two Years Ago - Washington City Paper - June 29th, 2022 [June 29th, 2022]
- DOJ Targets Proud Boys, Expanding Its Sedition Probe - June 18th, 2022 [June 18th, 2022]
- Stephen Colbert Is Thrilled to Roast the Proud Boys - Vanity Fair - June 18th, 2022 [June 18th, 2022]
- What We Learned About Trump, Pence, and the January 6th Mob - The New Yorker - June 18th, 2022 [June 18th, 2022]
- Aspiring Camden County Proud Boy sentenced to two weeks behind bars for role in Capitol riot - The Philadelphia Inquirer - June 18th, 2022 [June 18th, 2022]
- Proud Boys | ADL - June 1st, 2022 [June 1st, 2022]
- Former Proud Boys Leader Indicted in Jan. 6 Investigation - June 1st, 2022 [June 1st, 2022]
- Hostilities between Proud Boys and Oath Keepers emerge as a line of ... - June 1st, 2022 [June 1st, 2022]
- Who is Proud Boys leader Enrique Tarrio? - The US Sun - June 1st, 2022 [June 1st, 2022]
- Mayor Wu Announces Members of the Black Men & Boys Commission - Boston.gov - May 20th, 2022 [May 20th, 2022]
- Proud Boys member pleads guilty for role in US Capitol attack - The Guardian - April 29th, 2022 [April 29th, 2022]
- First Thing: Putin warns Ukraine allies against intervention - The Guardian - April 29th, 2022 [April 29th, 2022]
- Street cam videos show before-and-after Highland Square fights with Proud Boy, others - Akron Beacon Journal - April 29th, 2022 [April 29th, 2022]
- Proud Boys Leader Enrique Tarrio Charged With Conspiracy - April 25th, 2022 [April 25th, 2022]
- Noble: I'm proud of the boys' efforts - West Ham United F.C. - April 25th, 2022 [April 25th, 2022]
- Canadian report warns of extremist infiltration in military - ABC News - April 25th, 2022 [April 25th, 2022]
- Looking ahead to the Jan. 6 committee hearings - PBS NewsHour - April 25th, 2022 [April 25th, 2022]
- Former Proud Boy Talks about January 6, Antifa and Why the Organization Won't Last Much Longer - The Peoples Vanguard of Davis - April 25th, 2022 [April 25th, 2022]
- Oath Keepers and Proud Boys were in touch before US Capitol attack, texts reveal - The Guardian - April 22nd, 2022 [April 22nd, 2022]
- SC inmate accused of threatening to assassinate Pres. Biden, VP Harris - WSAV-TV - April 22nd, 2022 [April 22nd, 2022]
- Former Proud Boys member extradited to U.S. pleads to misdemeanor after assaulting Palestinian man - CBC.ca - April 22nd, 2022 [April 22nd, 2022]
- Capitol attack panel expects to hear how militia groups coordinated plans before insurrection - The Guardian - March 29th, 2022 [March 29th, 2022]
- What is Anonymous? How the infamous hacktivist group went from 4chan trolling to launching cyberattacks on Russia - CNBC - March 29th, 2022 [March 29th, 2022]
- Leaders of the Proud Boys and Oath Keepers met the day before the Capitol Riot. A documentary film crew was present. - Business Insider Africa - March 15th, 2022 [March 15th, 2022]
- No, the Proud Boys aren't going to Ukraine: how a small troll went viral - Crikey - February 28th, 2022 [February 28th, 2022]
- Whose sovereignty is really being fought for? What happens when First Nations People are dragged into extremist protests - The Conversation AU - February 7th, 2022 [February 7th, 2022]
- Republicans to field more than 100 far-right candidates this year - The Guardian - February 5th, 2022 [February 5th, 2022]
- Bookman: Trump continues to threaten violence against those who stand for rule of law - ncpolicywatch.com - February 5th, 2022 [February 5th, 2022]
- Portland Police Used a Proud Boy Meme in Their Training Materials. The Feds Want Answers - Rolling Stone - January 28th, 2022 [January 28th, 2022]