1/29/2024 0 Comments Gay flag images free![]() Kurtzman, which created a nebulous three-part test for disputes about the Constitution’s ban on the establishment of religion. The “reasonable observer” standard, he says, is rooted in the Court’s 1971 precedent of Lemon v. Justice Gorsuch digs into that last issue in a concurrence joined by Justice Thomas. Whether a “reasonable” person would mistakenly attribute the flag to the city is also beside the point. That “government speech occurs if-but only if-a government purposefully expresses a message of its own through persons authorized to speak on its behalf.”Įven if Boston actively regulated which private flags could rise outside City Hall, it wouldn’t make them Boston’s speech. Writes in a concurrence, joined by Justices ![]() Three Justices agreed with that result but found its reasoning less than airtight.
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