Telegram & Gazette

Rally ‘round which flag?

Lack of consistent guidelines opens the door to controvers­ial requests

- Kinga Borondy

The approach to the raising of flags on public property differs across Massachuse­tts. Some communitie­s elect to just fly those representi­ng the national, state and local government­s. Others dedicate space to community groups and allow them to raise their emblems upon request.

But the approach, according to KP Law, a Massachuse­tts firm that represents about one-third of the state’s municipali­ties, should be clear, consistent and in writing.

Municipali­ties in Central Massachuse­tts seem to have taken the advice to heart. Many have instituted flag-raising policies to avoid problems, some after becoming embroiled in controvers­ies regarding the raising of certain banners.

A First Amendment question

“It’s a free speech issue,” said Mark Reich, a shareholde­r at KP Law, the speaker at a recent online seminar hosted by the Massachuse­tts Municipal Associatio­n that explored the difference between government speech and public speech.

Public speech – whether from a soapbox, on a community billboard or flying from a municipal flagpole in the middle of a town – is protected by the First Amendment.

“If municipali­ties want to control the message (on flagpoles) they need to adopt a policy surroundin­g their use,” Reich said. Lacking a written policy and having a history of allowing outside groups and entities to raise flags dictates that they must honor all requests.

“If that door is opened, municipali­ties are subject to all requests and are not allowed content review,” Reich said. It results in political statements or the position of a political group flying a message to the public at the top of a flagpole for all the world to see.

 ?? RICK CINCLAIR/TELEGRAM & GAZETTE ?? The American flag and the POW/MIA flag fly Wednesday in front of Leominster City Hall. The Commonweal­th of Massachuse­tts flag is on a nearby pole.
RICK CINCLAIR/TELEGRAM & GAZETTE The American flag and the POW/MIA flag fly Wednesday in front of Leominster City Hall. The Commonweal­th of Massachuse­tts flag is on a nearby pole.

Newspapers in English

Newspapers from United States