From Deseret News archives:
Top court ponders Pleasant Grove case
Justices wrestled with several First Amendment issues in the lawsuit over Pleasant Grove's decision to reject a monument from a little-known religious group called Summum, even though the city had previously accepted a monument inscribed with the Ten Commandments.
"That's a violation of the core free-speech principle that the government may not favor one message over another in a public forum," Summum's attorney Pamela Harris said.
The lawyer said Pleasant Grove opened the park to all monuments by accepting the Ten Commandments monument from the Fraternal Order of Eagles in 1971. It was an argument some justices seemed to have trouble swallowing.
"How far do you push that?" Chief Justice John Roberts asked. "I mean, you have a Statue of Liberty; do we have to have a statue of despotism? Or do we have to put any president who wants to be on Mount Rushmore?"
Attorneys for Pleasant Grove and the United States said governments are allowed to pick and choose which monuments to display because those monuments are "government speech."
While city parks have been recognized as a public forum for gatherings such as parades and protests, the same free-speech rights do not apply to permanent monuments, which take up a limited amount of space, attorneys argued.
In 2003, Summum leaders asked the city to erect a monument to the group's Seven Aphorisms, which members believe to be lesser-known instructions given to Moses by God. Jay Sekulow, a Washington, D.C., attorney representing the city, said Pleasant Grove denied Summum's request because the city only allows monuments that represent the city's pioneer heritage to be placed in the park.
"I think, when it comes to the issue of selecting monuments for its park, it's very similar to a museum curator," Sekulow said, adding that government-run museums are not required to display all paintings.
Whether the Ten Commandments monument is government speech is the issue at hand for the justices. If it is the private speech of its donors, the city would be forced to accept Summum's monument.
Harris argued the monument is the private speech of its donors because the Eagles displayed their name and logo on the monument and provided the maintenance. Justice David Souter seemed to disagree.
Recent comments
If our Judges don't have the sense to throw this scam out. Why do we...
Judges | Nov. 13, 2008 at 1:28 p.m.
Duchesne City is also involved in this same lawsuit. The city also...
Duchesne explanation | Nov. 13, 2008 at 12:48 p.m.
They are Great! aren't they?
1. SUMMUM is MIND, thought; the...
Here they are. | Nov. 13, 2008 at 11:53 a.m.
- Sp. Fork man arrested in thefts 4:17 p.m.
- Nurse charged with abuse of teens 4:15 p.m.
- Downtown plans three-day ""Eve"" 3:44 p.m.
- Small-business conditions improve 3:41 p.m.
- Pair arrested in Provo burglary 3:36 p.m.
- Summit Co. appoints first manager 3:24 p.m.
- Man sentenced to 7 years in death 3:21 p.m.
- Senate Dems at odds over insurance 3:20 p.m.
- U.S.: $3B to end tribe royalty dispute 3:09 p.m.
- Police seek missing WVC woman 3:06 p.m.
- BYU football: Bronco weighs in on Hall
- Yet again, we learn BCS is a big joke
- Witness: Mitchell stalked victims
- Williams' late jumper tops Spurs
- Storm pounds Utah for 2nd day
- Cougars in better mood about bowl
- Ranking the bowl games
- $2M error could mean layoffs
- Andersen apologizes for Jordan hoax
- BCS reform still needed
- Y. profs: Beck not all-knowing
274 - TCU to play Boise in Fiesta Bowl
203 - Letters: Global warming a lie
200 - Cougars going back to Vegas
147 - BYU football: Bronco weighs in on Hall
145 - Utah/BYU rivalry can be more civil
141 - George lost in rivalry hatefest
119 - Ed Smart 'appalled' at testimony
101 - Harpring's NBA career is over
98 - Store planning for Palin crush
86
For the latest news in the health care debate and how it affects you...
Amazon.com, Target.com, Sears.com, Walmart.com, Kmart.com and...
Both teams will be motivated. these are 2 highly ranked teams trying to show...
Justice was long in coming.
Spend our way out of a financial crisis? Hey that's terrific financial...
"Where I come from, a wise person does not necessarily have any formal...
Several of you have mentioned Glenn Beck. Glenn is a great role model, if...
He has a home in Park City. He comes to Utah fairly often. But the...
I just shoveled 6" of global warming off the driveway this morning.
can't wait for a repeat title in 2010. Go Frogs!!!!
Iowa is a good team, but their conference is weak, weak, weak this year. You...
To hiker's friend: I had the pleasure of being around SAR at a nearby area...


