Justices to hear Pleasant Grove tablets case: Top court to decide city's monument dispute

Published: Tuesday, April 1, 2008 12:18 a.m. MDT
 |  E-MAIL | PRINT | FONT + - 
PLEASANT GROVE — This small-but-growing Utah Valley city is getting a bit of national notoriety. The U.S. Supreme Court has agreed to hear a free-speech case in which a religious group wants to place a religious monument in a park.

Officials in Pleasant Grove asked the court to step into the lawsuit brought by the religious group Summum, saying that if the group prevails, governments would be inundated with demands to display donated monuments.

Attorneys for Pleasant Grove say they're excited to be able to address the First Amendment issue.

"We're delighted that the Supreme Court has agreed to take this case," Jay Sekulow, chief counsel for the American Center for Law and Justice, a constitutional law firm based in Washington, D.C., that is representing Pleasant Grove, said in a statement to the Deseret Morning News. "This is a critically important First Amendment case that focuses on the well-established distinction between government speech and private speech."

The dispute stems from Pleasant Grove's refusal to allow the display of a "Seven Aphorisms of Summum" monument in the same park that is the home to a Ten Commandments monument donated 47 years ago by the Fraternal Order of Eagles.

Story continues below

At issue is whether a donated monument displayed by a municipality remains the private speech of the original donor or is government speech; and whether placing donated monuments in a government-owned park creates a public forum or whether the government retains authority to select which monuments to display.

The 10th U.S. Circuit Court of Appeals in Denver ruled in favor of Summum, saying the monument remains the private speech of the donor and that the park is a public forum.

Sekulow said that the Supreme Court can change the interpretation of the amendment and the decision by the appeals court.

"We're hopeful the Supreme Court will ultimately conclude that the appeals court got it wrong," he said. "This is an important opportunity for the high court to correct a flawed interpretation of the First Amendment."

In asking the Supreme Court to intervene, lawyers for Pleasant Grove wrote: "Government bodies are now sitting targets for demands that they grant 'equal access' to whatever comparable monuments a given group wishes to have installed, be it Summum's Seven Aphorisms, an atheist group's Monument to Freethought or Rev. Fred Phelps's denunciations of homosexual persons."

In response, Summum said government bodies always have the option of banning display of all privately donated monuments.

Pleasant Grove has treated donated items as private speech for decades, said Summum, a Latin term meaning the sum total of all creation, which was founded in 1975 and is headquartered in Salt Lake City.

Recent comments

City park, does not this belong to the People? Why not let them vote...

Lyverne | Oct. 5, 2008 at 4:05 p.m.

lol, this country is not a christian country, in the treaty of...

axt113 | April 5, 2008 at 8:33 a.m.

my suggest is to have this Monumenst move to any Church Land who...

Move Monuments somewhere | April 1, 2008 at 9:06 p.m.

previousnext

Latest comments

Blazers get the unbalanced trade they seek while not signing Millsap away...

Ricky Bobby - THE JAZZ DO NOT WANT TO TAKE BACK EQUAL SALARIES. They want to...

Owls need holes for nest

Despite the fact that logging has all but stopped in the pacific northwest...

My understanding of what FAIR is trying to do, is to provide well thought out...

Jazz will resign Milsap. If they don't it will be ahuge mistake. First off,...

Stadium of Fire flag burning was fake

I was waiting for it to be burned on the big metal structure right by the...

Hey Ute fan... the Utes had a good season. And keep throwing that BCS bowl...

Tyrus Thomas is in the last year of his contract too so what is the point for...

CougarKeith, people don't know how to properly retire the flag, what they did...

It is just talk but since it was brought up: IF we can get Prizbilla &...

Advertisements