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Capitol Square Review & Advisory Board v. Pinette (docket #: 94-780) (1995)  [Findlaw]

Secondary Link Capitol Square Review & Advisory Board v. Pinette  [Legal Information Institute]
Argument Date 04/26/1995
Decided 6/29/1995
Supreme Court Vote 3-4-2
Supreme Court Ruling Establishment Clause claim denied; the display was private religious speech that is as fully protected under the Free Speech Clause as secular private expression.
 
IssueWhether a private, unattended display of a religious symbol in a public forum (in this case, a cross erected by the Ku Klux Klan in the Columbus, Ohio statehouse plaza) violates the Establishment Clause.
 
Case Summary & Additional Resources
Majority Opinion Scalia, J. (joined in Part IV only by Rehnquist, C.J., Kennedy, J., & Thomas, J.)
Concurring Opinion Thomas, J., & O'Connor, J. (joined by Souter, J., & Breyer, J.), & Souter, J. (joined by O'Connor, J., & Breyer, J.)
Dissenting Opinion Stevens, J., & Ginsburg, J.
Lower Court 6th Circuit
Lower Court Ruling Establishment Clause claim upheld
Oral Arguments Audio (Oyez)  [Oyez]
Lawyers
For Petitioner
Michael J. Renner

For Respondent
Benson A. Wolman

Ruling - Lower Court
30 F.3d 675
News
"Klan Cross Toppled, Then Outnumbered," The New York Times, Dec. 24, 1993, Sect. A, p. 14
Greenhouse, Linda, "Supreme Court to Rule on Religious Symbols in Parks," The New York Times, Jan. 14, 1995, p. 11
Other
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.) (2006), pp. 1194-1195, 1212-1213
Gey, Steven G., RELIGION AND THE STATE (2nd Ed.) (2006), pp. 245-246
Stone, Seidman, Sunstein, Tushnet, CONSTITUTIONAL LAW (3rd Ed.) (1996), pp. 1361-1362, 1385, 1567, 1611
Books
Witte, John Jr., RELIGION AND THE AMERICAN CONSTITUTIONAL EXPERIMENT (2000), pp. 162, 181-182
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