ACLJ Asks Supreme Court to Protect Nation’s Heritage Displays

Utah Case Will Have Ramifications for Every City in the U.S.

WASHINGTON, Nov. 20, 2007—Due to a 10th Circuit ruling, Utah has two options for art displayed in their cities: remove long-standing monuments or permit any group to display any monument in public places. The American Center for Law and Justice (ACLJ), which specializes in constitutional law, asked the Supreme Court of the United States to review and overturn this lower court decision saying, "The ramifications of this flawed decision go well beyond Utah and affect every American city and town."

Today, the ACLJ filed a petition asking the Supreme Court to hear the case involving Pleasant Grove City v. Summum (posted at www.aclj.org), arguing the 10th Circuit decision conflicts with decisions of other circuits, badly distorts First Amendment jurisprudence and will impose severe practical burdens on government entities.

"This is a critically important case that gives the Supreme Court an opportunity to rectify a lower court's very twisted interpretation of the First Amendment. It's time for the Supreme Court to step in and bring an end to a dangerous interpretation of free speech and equal access," said Jay Sekulow, chief counsel of the ACLJ. "The lower court's decision misses the crucial distinction between government speech and private speech. The government has to be neutral toward private speech, but it does not have to be neutral in its own speech."

The ACLJ distinguishes the difference between free speech and a private citizen donating art to the government, arguing that donated art becomes government property, but, "acceptance of a donated monument does not require that a government park be turned into a cluttered junkyard of monuments contributed by all comers. In short, accepting a Statue of Liberty does not compel a government to accept a Statue of Tyranny."

Unless the lower court decision is overturned, The ACLJ contends that the decision by the appeals court threatens to wreak havoc upon governments at every level and their ability to control the permanent physical occupation of government land.

The ACLJ urges the high court to take the case and contends that "a host of federal, state, and local government bodies are now sitting targets for demands that they grant ‘equal access' to whatever comparable monuments a given group wishes to have installed."

The ACLJ specializes in constitutional law and, through its global affiliates, works to protect religious freedom and liberty in more than 36 countries worldwide. The ACLJ is headquartered in Washington, and is online at www.aclj.org. The ACLJ newsroom can be accessed at www.DeMossNewsPond.com/ACLJ.

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