In Fraternal Order of Police Pa. Lodge v. Township of Springfield, No. 23-3165, 2025 WL 314108 (3d Cir. Jan. 28, 2025), the Third Circuit affirmed a district court decision that a township of the first class violated employees’ First Amendment rights when it prohibited them from displaying the “Thin Blue Line” flag on township property.  

The court ruled that the township had not met its burden and could not identify any disruptions caused by displays of the flag and “offered no explanation for how restricting the expression of all employees will increase public trust in the Police Department.” It found that the “ban only proscribes the viewpoint the Flag conveys, while giving opposing opinions free rein.”  

The dissent argued that a reasonable jury could conclude that the township’s interest in protecting the public trust in law enforcement outweighed the rights of employees to display the flag.