Congressional Digest

Supreme Court Debates February 2009 No. 2 Vol. 12
Opinion of the Court

Free Expression in a Public Forum

Private Displays and Government Speech

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Opinion of the Court

A City May Deny the Request of a Religious Group to Place a Monument in a City Park That Already Contains a Monument From a Different Religious Group

The placement of a permanent monument in a public park is a form of government speech and is therefore not subject to scrutiny under the Free Speech Clause. Because that Clause restricts government regulation of private speech but not government speech, whether Petitioners were engaging in their own expressive conduct or providing a forum for private speech determines which precedents govern here. A government entity "is entitled to say what it wishes," Rosenberger v. Rector and Visitors of University of Virginia (1995), and to select the views that it wants to express. It may exercise this same freedom when it…

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