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Legal Commentary

: Althouse

If the city puts up a donated 10 Commandments monument, must it put up every other donated monument lest it violate Free Speech?

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SCOTUSblog previews tomorrow's oral argument in Pleasant Grove City, et al., v. Summum.
Will the Justices? vision be fogged by a cloud of potential horribles? The Solicitor General?s brief well illustrates this argument: ?Under the decision below, a city?s display of a privately donated monument to Abraham Lincoln could entitle an individual to insist that the city permit the erection of a monument to Jefferson Davis, or a group could insist that the presence of the memorial in [Pleasant Grove?s] Pioneer Park commemorating the September 11 attacks entitles it to erect a memorial to the terrorists who carried them out.?

Full post as published by Althouse on November 11, 2008 (boomark / email).

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