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Constitutional Law Keyed to Choper
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 Ohio Statehouse that has been used for over a century for public speeches, gatherings, and festivals advocating various causes, both secular and religious. The Capitol Square Review Board has a policy of allowing a broad range of speakers and gatherings in the square. In November 1993, the Board granted a rabbi’s application to erect a menorah in the square during Chanukah. The same day, the Board received an application from the Ohio Ku Klux Klan to place a cross in the square from December 8-24, 1993. The Board denied the Klan’s application, citing concerns about violating the Establishment Clause. The Klan sued, seeking an injunction. The District Court determined that Capitol Square was a traditional public forum open to all without any policy against freestanding displays, that the Klan’s cross was private expression entitled to First Amendment protection, and that the Board failed to show that the display could reasonably be construed as state endorsement of Christianity.
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