February 2009 Archives

Barry, the Supreme Court today reached the proper conclusion in a case we argued in November.  Without dissent, the Justices issued what I believe is a landmark decision clearing the way for governments to accept permanent monuments of its choosing in public parks. 

The decision comes in the case of Pleasant Grove City v. Summum, a critical First Amendment case in which we represented the Utah city in a challenge to a display of the Ten Commandments in a city park.

This decision represents a resounding victory for government speech and gives government the right to speak for itself and the ability to communicate on behalf of its citizens.  It also clears the way for government to express its views and its history through the selection of monuments - including religious monuments and displays. 

OK, Barry, it took a while - more than a few posts - but I am pleased you finally articulated your opposition to bringing back the Fairness Doctrine.

I only hope you can agree with me on this one.

The Supreme Court today agreed to take an important religion case out of California where a cross has been displayed in the Mojave Desert for since the 1930's.  The Supreme Court said it would hear the California case where a federal appeals court has ordered the removal of the cross, rejecting a move by Congress to transfer the ownership of the land upon which the cross sits to a private party.

Barry, I am sure you'll agree that this is an important case that will once again put the spotlight on the constitutionality of religious displays and the proper role of the government and its actions.