Constitutional Law Keyed to Cohen
Capitol Square Review and Advisory Board v. Pinette
Capital Square (the Square) is a state-owned plaza surrounding the Statehouse in Columbus, Ohio. Over time, the Square came to be known as a public forum, where speakers were allowed to congregate and gatherings held. A policy developed wherein a variety of unattended displays were allowed. Generally, during the holidays the state would light a tree in the Square and a local rabbi would erect a menorah. This case arose from an application to the Petitioner from the Respondents to place a cross on the square during the Christmas season. The Board determined not to allow the cross, because it could be associated with the nearby capital and thereby could be considered an impermissible sanction of religion. The District Court and Court of Appeals granted judgment in favor of the Respondents, the Petitioner Appealed.
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