forbidden from either encouraging or discouraging private student prayer, is that right? yes, justice. the coach was forbidden from discouraging private student prayer. absolutely. todd: yesterday joe kennedy joined fox news to tell us he would go back to his old job if given the opportunity. in a heartbeat i would be there within 44 hours. no american should be able to choose between the faith in the job they love. todd: the high court focusing on whether engaged in unprotected government speech. carley: in new york city criminals are walking free and the police are the ones with their hands tied. we will be talking to a prosecutor who left manhattan d.a. office. todd: congresswoman diana harshbarger at the border with kevin mccarthy s delegation and yes, we have frederick on commits all about elon musk.
christian views could inform the history of the u.s. the city of boston said, no, you can t fly your flag on our pole. here s the distinction. if boston sets up a city park and says anybody can come in and say anything they want, you can walk into that city park and say massachusetts ought to succeed from the union. you can t put that because that s government speech. this is really an essence of a factual question. what is the flag pole in front of boston city hall? is it a public forum or is it the government s message? you heard in the question from elena kagan, many of the justices say, you walk in front of city hall, look up at the flag pole and you think that s the city s message. boston has a program where it
for all those, i think the city will lose. it explained the way the court and the country has tried to walk the line on this government messaging here. quickly, you can pull back? give us the why it matters piece here, if you don t live in boston and see this flag pole, explain the implications for this case and why it s so important. it masses for two reasons, one is other cities may want to do what boston does and allow flag poles to be used for other groups. the second is this continuing discussion about when is it a public forum, when isn t it? when is it a government endorsement? when isn t it? you see the court s decisions are something of a muddle. you can t have the ten commandments in the courthouse. you can have them in a public park, if there are other monuments. whatever goes on the license plate is government speech. the government s endorsement or approval on the trademark is not. so you can have offensive trademarks. it is a bet of a muddle. maybe we ll get more clar
takes down the city flag and puts up flags of 50 or 60 different groups that want to celebrate diversity in boston, but the city had a policy that said you couldn t put up any flag that was religious because boston thought that would violate the constitution s establishment clause. it could be a government endorsement of religion. the supreme court has to decide is the flag pole in front of city hall government speech or is it open to all comers. that s question one. the city is probably going to be able to say it can set up that program if it wants but the city didn t do it right in the first place. the broader question is this muddled question of exactly when does a government endorse religion. the supreme court has said you can t put these ten commandments up inside the courthouse but you can put the ten commandments up in a city owned park if it has
when a religious group camp constitution wanted to flag a christian flag there they got a no they said it s a representation of government speech that made it up to the supreme court with arguments today. i want to bring in justice correspondent pete williams. we love have youing read the tea leaves. do that for us. maybe the justices were siding with the christian group on this? reporter: yes, one for two reasons. one is what is the flag pole? if the city has a park and allows people to come in and express their views. it can t pick and choose, anybody can come in and say we need to do more to support al qaeda. the city can t stop that. on the other hand, can t ask them to print we should support aid on the tax bills, that s clearly government speech. so what is the flag pole? it seemed a majority of the justices seemed to think it was a limited public forum partly because boston in the past has