CAPITOL SQUARE REVIEW AND ADVISORY BD. v. PINETTE

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Case Basics
Docket No. 
94-780
Petitioner 
Capitol Square Review and Advisory Bd.
Respondent 
Pinette
Advocates
(Argued the cause for the petitioners)
(Argued the cause for the appellees)
Tags
Term:
Facts of the Case 

In 1993, the Ku Klux Klan organization attempted to place an unattended cross on Capitol Square, the state-house plaza in Columbus, Ohio, during the 1993 Christmas season. Ohio law makes Capitol Square a forum for discussion of public questions and for public activities, and gives the Advisory Board responsibility for regulating access to the square. The Board denied the application of the Ku Klux Klan to erect the cross on Establishment Clause grounds.

Question 

Did the Board's denial of a permit to the Ku Klux Klan violate free speech under the First Amendment?

Conclusion 
Decision: 7 votes for Pinette, 2 vote(s) against
Legal provision: Establishment of Religion

Yes. The display was private religious speech that "is as fully protected under the Free Speech Clause as secular private expression." Because Capitol Square is designated as a traditional public forum, any group may express their views there, and the Board may regulate the content of the Klan's expression on the plaza only if a restriction is necessary and narrowly drawn to serve a compelling state interest.

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CAPITOL SQUARE REVIEW AND ADVISORY BD. v. PINETTE. The Oyez Project at IIT Chicago-Kent College of Law. 29 October 2014. <http://www.oyez.org/cases/1990-1999/1994/1994_94_780>.
CAPITOL SQUARE REVIEW AND ADVISORY BD. v. PINETTE, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1990-1999/1994/1994_94_780 (last visited October 29, 2014).
"CAPITOL SQUARE REVIEW AND ADVISORY BD. v. PINETTE," The Oyez Project at IIT Chicago-Kent College of Law, accessed October 29, 2014, http://www.oyez.org/cases/1990-1999/1994/1994_94_780.