Supreme Court Allows City to Choose Which Donated Monuments Belong In Public Park

Feb 25, 2009

www.LC.org

A unanimous United States Supreme Court has ruled 9-0 in favor of a city that refused to display Summum's Seven Aphorisms in a public park. Liberty Counsel filed an amicus brief with the Court in support of the City.

Liberty University School of Law and Liberty Counsel also hosted a moot court with Jay Sekulow at the law school's Supreme Courtroom prior to the argument. Sekulow is the Chief Counsel of the American Center for Law and Justice and argued the case.

Liberty Counsel's brief argued that this case is not about the right to freedom of speech, but it is about the government's right to speak without inviting the multitudes into the same forum to counter the government's message. It would not make sense to force the government to include a display devoted to atheism every time it displays a Nativity scene. 

The Court's opinion only deals with government speech and does not impact the right to private displays or private speech on government property.

The Supreme Court ruled that by accepting donated displays and transferring ownership to the city, the city did not open a forum for everyone wishing to display a monument in the public park. Justice Samuel Alito, Jr. stated in the majority opinion that the city "is entitled to say what the city wishes." The Court found that the park was not a public forum for private speech, noting that permanent displays typically represent government property.

Read our News Release for more details.

Read the Supreme Court opinion

Read Liberty Counsel's Amicus Brief.

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