A measure by a Pennsylvania township banning the display of Thin Blue Line flags on all township property was ruled unconstitutional by a federal judge Monday.
“It was a resounding win for the First Amendment and free speech," said Wally Zimolong, the lawyer representing the Springfield Township police officers who sued the township over the ban, according to The Associated Press. "It showed once again that the government cannot engage in viewpoint discrimination based upon a message it disagrees with or finds offensive.”
Officials had prohibited the display of Thin Blue Line flags on township property, claiming the flag bred “discontent and distrust” for township police. But in her decision, U.S. District Judge Karen Marston said banning the use of the Thin Blue Line flag restricts public employees' First Amendment rights.
“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,’” the judge wrote. “But as this Court previously told the Township, ‘the First Amendment protects speech even when it is considered 'offensive.''"
