A Pennsylvania community’s prohibition on displaying the American flag with a thin blue line, supporting law enforcement, has been ruled unconstitutional by a federal court.
Located roughly 15 miles outside of Philadelphia, Springfield Township prohibited the use of the ‘thin blue line’ flag earlier this year stating it was causing “discontent and distrust” in the community against police, according to Fox News. However, District Judge Karen Marston ruled that barring the flag would be going against First Amendment-protected rights. (RELATED: College Professor Says American Flag Makes Him ‘Anxious’)
“The Township repeatedly suggests that the ‘Thin Blue Line’ American Flag is of limited, if any, public value or concern because it is ‘offensive’ and ‘racist,’” Marston wrote in the court opinion. “But as this Court previously told the Township, ‘the First Amendment protects speech even when it is considered ‘offensive.’”
🚨🚨🚨The District Court has GRANTED our motion for summary judgment in our case against the Township of Springfield’s Resolution banning the Thin Blue Line Flag, declared the Resolution unconstitutional, and permanently enjoined it. #BackTheBlue pic.twitter.com/kDgrnRoUEO
— Wally Zimolong (@WallyZimolong) November 13, 2023
Tensions within the community over the flag began in 2021 after the city’s police union voted to incorporate the flag into its logo. While some residents and community leaders saw the move as solidarity and support to police, others found it to be racist and hateful towards minorities, according to CBS News.
The union eventually denied a request by township commissioners, turning down an offering of up to $10,000 to change the logo. However, after the union had refused an effort to change the logo the commissioners adopted a policy barring on-duty or representing township employees, agents, or consultants from displaying the flag.(RELATED: REPORT: Principal Allegedly Sends Out Email With Flag Of Terror Group To ‘Celebrate’ Islamic Heritage Month)
Marston had noted within the court opinion that while the township conduct “at times” bordered “unprofessional,” she conceded that the flag nevertheless “carries racist undertones to certain members of the community.”
“And unfortunately, it appears that the morale of the police department, the same department that the Township previously acknowledged was “well-respected,” has taken a significant toll from the repeated assertions that the police officers— and not merely the Flag—are racist,” Marston added.
“Nevertheless, it is undeniable that the Flag carries racist undertones to certain members of the community. Indeed, the individual Plaintiffs admitted that they have been told the Flag carries racial undertones.
An attorney representing the police officer, Wally Zimolong, applauded the court’s ruling calling it a win for “free speech,” and showing how the government “cannot engage in viewpoint discrimination” based on personal opinions of what is offensive or disagreeable, according to Fox News.