Will the Justices’ vision be fogged by a cloud of potential horribles? The Solicitor General’s brief well illustrates this argument: “Under the decision below, a city’s display of a privately donated monument to Abraham Lincoln could entitle an individual to insist that the city permit the erection of a monument to Jefferson Davis, or a group could insist that the presence of the memorial in [Pleasant Grove’s] Pioneer Park commemorating the September 11 attacks entitles it to erect a memorial to the terrorists who carried them out.”
November 11, 2008
If the city puts up a donated 10 Commandments monument, must it put up every other donated monument lest it violate Free Speech?
SCOTUSblog previews tomorrow's oral argument in Pleasant Grove City, et al., v. Summum.