-From: Travis
From: Jay Sekulow, Chief Counsel <[email protected]>
Subject: Victory: Unanimous Supreme Court Decision!
Date: Wednesday, February 25, 2009,
[image: Breaking News from The American Center for Law and
Justice] WEDNESDAY,
FEBRUARY 25, 2009
Dear Travis,
Your ACLJ membership made a significant difference!
*In a unanimous
decision,<http://tracking.aclj.org/cgi-bin/track.cgi?11-15424-2550326-76163-http://www.aclj.org/media/pdf/aclj_pleasantgroveusscdecision07-665.pdf?email=tmcc...@sbcglobal.net&guid=660D8224-0E3A-4A1E-B086-5683D3C8E8FF>
*the Supreme Court of the United States today issued *a landmark First
Amendment ruling* clearing the way for governments to accept permanent
monuments of their choosing in public parks.
The decision comes in the case of *Pleasant Grove City v. Summum*, a
critical First Amendment case in which the American Center for Law and
Justice (ACLJ) represented the Utah city in a challenge to a display of the
Ten Commandments in a city park.
This decision represents a resounding victory for government speech. The
decision gives government the right to speak for itself and the ability to
communicate on behalf of its citizens. It's a significant decision that
clears the way for government to express its views and its history through
the selection of monuments - including religious monuments and displays.
This decision also puts a bookend on the litigation surrounding the display
of the Ten Commandments that's been taking place for years across the
country.
*The critical question before the Court was, ''Can a city decide which
permanent, unattended monuments, if any, to install on city property?''
Without dissent, the Court said ''Yes.'' We're delighted that the Court
upheld the important distinction between government speech and private
speech.
*
The ACLJ asked the high court to overturn a decision by the U.S. Court of
Appeals for the Tenth Circuit that ordered Pleasant Grove City, UT, to
accept and display a monument from a self-described church called Summum
because the city displays a Ten Commandments monument donated by the
Fraternal Order of Eagles.
*In a 9-0 decision announced by Justice Samuel Alito, the Supreme Court
concluded*: ''In sum, we hold that the City's decision to accept certain
privately donated monuments while rejecting respondent's is best viewed as a
form of government speech. As a result, the City's decision is not subject
to the Free Speech Clause, and the Court of Appeals erred in holding
otherwise. We therefore reverse.''
The high court concluded that the government has the right to speak for
itself without violating the Constitution. ''The Free Speech Clause
restricts government regulation of private speech; it does not regulate
government speech ... A government entity has the right to 'speak for
itself'.... it is not easy to imagine how government could function if it
lacked this freedom ... A government entity may exercise this same freedom
to express its views when it receives assistance from private sources for
the purpose of delivering a government-controlled message.''
The Court's opinion is located
here.<http://tracking.aclj.org/cgi-bin/track.cgi?11-15424-2550326-76163-http://www.aclj.org/media/pdf/aclj_pleasantgroveusscdecision07-665.pdf?email=tmcc...@sbcglobal.net&guid=660D8224-0E3A-4A1E-B086-5683D3C8E8FF>
The ACLJ contended that the Tenth Circuit made a serious error confusing
government speech with private speech. In its briefs, the ACLJ argues that
''a city's selection of which items to display in a park - like its
selection of decorations for government buildings - is government speech,
and no private entity can claim a 'Me too!' right of access for its own
preferred displays.''
Let me express my thanks to you - as a vital member of the ACLJ - for your
financial and prayerful support for this Supreme Court case - this is
*your*victory!
*This decision represents a resounding victory for government speech.
**-Jay Sekulow,
Chief Counsel, ACLJ* [image: Support our efforts -- Donate
Now]<http://tracking.aclj.org/cgi-bin/track.cgi?11-15424-2550326-76171-https://www.aclj.org/donate/Default.aspx?AC=DNE0902027&SC=4&[email protected]&guid=660D8224-0E3A-4A1E-B086-5683D3C8E8FF>
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