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Constitutional Law Keyed to Rotunda
Capitol Square Review and Advisory Board v. Pinette
Citation:
515 U.S. 753 (1995)Facts
Capitol Square is a 10-acre, state-owned plaza surrounding the Statehouse in Columbus, Ohio. For over a century the square has been used for public speeches, gatherings, and festivals advocating and celebrating a variety of causes, both secular and religious. The Ohio statute makes the square available for use by the public for free discussion of public questions. To use the square, a group must simply fill out an official application form and meet several criteria, which concern primarily safety, sanitation, and non-interference with other uses of the square, and which are neutral as to the speech content of the proposed event. The Board received an application from respondent Donnie Carr, an officer of the Ohio Ku Klux Klan, to place a cross on the square for fifteen days. The Board denied that application, the decision which was made upon the advice of counsel, in a good faith attempt to comply with the Ohio and the U.S. Constitutions.
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