[5] Mathew Staver presented oral argument before the Court on behalf of the Harold Shurtleff and Camp Constitution.

[8] On May 2, 2022, the Court unanimously ruled that the City of Boston violated the First Amendment by denying Shurtleff's application to fly the flag.

[1] Justice Brett Kavanaugh wrote a one-paragraph concurring opinion to emphasize that a government does not violate the Establishment Clause when it treats religious persons or organizations equally with secular ones, but a government does violate the Free Speech Clause when it excludes religious persons or organizations.

[2] Justice Samuel Alito wrote another concurring opinion, disagreeing with Breyer's analysis and that the simplest test in these type of cases is "whether the government is actually expressing its own views or the real speaker is a private party.

[2] The Court would later officially overturn Lemon about eight weeks later on June 27, 2022, in its ruling in Kennedy v. Bremerton School District, with Gorsuch writing the majority opinion.

[12] Boston paid $2.1 million in attorneys' fees and costs to Liberty Counsel, a Christian legal organization that spent five years representing Hal Shurtleff and Camp Constitution.

[13] In 2024, Shurtleff and Liberty Counsel made statements against the Nashua city government for its denial of an application to fly a Pine Tree Flag.