Saturday, August 31, 2024

Passive Displays in Public Places

 Let me start with a general question before we discuss the Establishment Clause issue in this case. 

Suppose a gay-lesbian group got permission from the city of Pittsburgh to put up an artistic display celebrating “Marriage Equality Week.” 

The display was located on the Grand Staircase of the County Courthouse. 

Further suppose that another group of citizens, calling themselves the “moral majority,” publicly demanded that the City remove the display.   

Would it be correct to refer to this attempt to get rid of the display as censorship? As what the law calls a hecklers’ veto? 

If the City removed the display to appease the protesters, would this be a case in which liberty was advanced or one in which liberty is inhibited? 

Now suppose the display is a Christmas Nativity display?

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