Capitol Square Review And Advisory Board v. Pinette

515 U.S. 753 (1995)

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Nature of the Case

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Facts

For over a century the square has been used for public speeches, gatherings, and festivals advocating and celebrating a variety of causes, both secular and religious. A governing board controlled use of the capitol square adjacent to the statehouse in Columbus, Ohio. It has been the Board's policy 'to allow a broad range of speakers and other gatherings of people to conduct events on the Capitol Square.' The Board did allow unattended displays. In November 1993, after reversing an initial decision to ban unattended holiday displays from the square, it allowed the township to install a Chanukah menorah and Christmas tree during the winter holidays. The Ohio chapter of the Ku Klux Klan’s request to install a cross in the square in celebration of the holidays was denied. The Board contended that such a display would violate the First Amendment Establishment Clause because the proximity of the proposed location of the cross to the state government building could suggest to the public, that the government endorsed the KKK’s ideological messages. The KKK pursued injunctive relief to compel the Board to issue it, a permit to erect its display. The District Court granted the KKK’s injunctive relief, and the organization subsequently displayed its cross. The appeals court affirmed. The U.S. Supreme Court affirmed.