A 9-0 judgment in a case involving an icon of the "Culture Wars" — a Ten Commandments monument — what's going on here? In Pleasant Grove City v. Summum, the Supreme Court held that a city's display of a privately donated monument is "government speech," so that its decision to reject a proffered donation is not covered by the free speech clause. The near unanimity can be explained by two points: the complete impracticality of Summum's position, and its continued, unhampered right to speak in the park at issue.
'PLEASANT GROVE CITY V. SUMMUM'
9-0 decision makes sense
The National Law Journal
March 23, 2009
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