Pennsylvania Thin Blue Line Flag Ban Overturned by Court

A Pennsylvania township’s ban on displaying the modified American flag, known as the “thin blue line,” on public property has been overturned by a federal court, citing that such a ban falls in contention with the First Amendment, the Independent reported Tuesday.

This ruling, delivered by U.S. District Judge Karen Marston, emerges from a contentious debate in Springfield Township, roughly 15 miles from Philadelphia.

The dispute originated over the township’s decision to integrate the thin blue-line flag into public spaces, such as the township’s police union logo.

“The Township,” Marston wrote in her court opinion, “repeatedly suggests that the Thin Blue Line American Flag is of limited, if any, public value or concern because it is ‘offensive’ and ‘racist.’ But as this Court previously told the Township, ‘the First Amendment protects speech even when it is considered ‘offensive.'”

Wally Zimolong, the attorney for the police officers, stated that the court’s ruling vindicates his clients’ claims.

“It was,” he says, “a resounding win for the First Amendment and free speech. It showed once again that the government cannot engage in viewpoint discrimination based upon a message it disagrees with or finds offensive.”

The township did not immediately respond to the Independent for comment.

The dispute in Springfield Township ignited in 2021 when the police union decided to incorporate a flag, marked by a blue stripe, into its logo. This move sparked objections from township commissioners due to the flag’s association with the Blue Lives Matter movement, a counterpoint to Black Lives Matter.

Efforts to resolve the issue saw the commissioners offering to fund a new logo design, backed by a $10,000 pledge from a private donor, but the union declined. Tensions escalated in Oct. 2022 when the township sent a cease-and-desist letter to the union, criticizing the flag’s use as exacerbating tensions between police and the community. The letter demanded the flag’s removal from the union logo or the exclusion of Springfield Township’s name.

Despite these demands, the union maintained its stance, leading to a township policy that barred employees from displaying the flag on duty or on township property. This prompted a lawsuit from police officers, who saw the flag as a symbol of support for law enforcement and its values.

Judge Marston, ruling in favor of the officers, noted the township’s failure to show concrete harm from the flag’s use bordered on unprofessional behavior and may have negatively impacted police morale.

“Nevertheless,” the judge wrote, “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.”