Andrew Strasfogel wrote:
They aren't.  It's the religious displays on public property that are not
permitted under the Constitution. You can do anything you want so long as
tax dollars aren't involved.

I tend to disagree with that as you worded it.

Public property belongs to the public, not the government.

There's nothing in the Constitution to prevent the public from erecting a
nativity scene, or festivus pole, on public property. If the government bought a
nativity scene to display (as was probably commonly done fifty years ago),
there's potential for an Establishment Clause conflict.


Mitch.


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