HOME > First Amendment Library > Case   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.   Issue Whether 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  SEARCH MORE About this site About the First Amendment About the First Amendment Center How to contribute Video/RSS/podcasts First Amendment programs State of the First Amendment reports Religious liberty in public schools First Reports Supreme Court Columnists Experts First Amendment publications First Amendment Center history Glossary Freedom Sings™ Events First Amendment Schools Congressional Research Service reports Guest editorials FOI material The First Amendment Library Lesson plans freedomforum.org Newseum Contact us Privacy statement Related links

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