{ Capitol Square Review v. Pinette Riley Poling PLS 211 Mr. John Noel December 8, 2015

 Vincent Pinette, president of Ohio KKK  Wanted to place cross in Capitol Square, but was denied  Filed suit against the Advisory Board Plaintiff

 The Advisory Board of Capitol Square  Capitol Square is a forum for public activities  Denied the KKK’s request to place a cross in their forum Defendant

 The Advisory Board denied the KKK’s request to place a cross in the Capitol Square  The KKK filed suit for an injunction  The District Court ordered the injunction  Advisory Board was not satisfied so they took it to the Court of Appeals were the original decision was affirmed  Was then petitioned the Supreme Court The Original Case

 Did the Board’s denial of the permit violate free speech and freedom of religion under the First Amendment?  Was there a violation of the Establishment Clause? Issue of Law

  County of Alleghany v. ACLU: the Court ruled that the display of a privately-sponsored crèche on the grand staircase of the Allegheny County Courthouse violated the Establishment Clause   Lynch v. Donnelly: the Court ruled that the city's display of a crèche did not violate the Establishment Clause because it did not endorse an established religion Similar Cases

 7-2 vote in favor of Pinette  Dissenting: Justice Stevens and Ginsburg  Affirming: Justice Scalia, Thomas, O’Connor, Souter, Kennedy, Breyer, and Rehnquist Supreme Court Decision

 Justice Stevens  Believed that if they allowed the KKK to place the cross they were violating the Establishment Clause  Said the court could not order them to place a religious item Dissention

 Justice Scalia   Stated that private symbolic religious expression in a traditional public forum located at the seat of government is no sin   No violation of the Establishment Clause, but the Board was not following the Free Speech Clause of the First Amendment Affirmation

 The Supreme Court decision’s was fair because no one should have their rights taken away from them.  The Board was violating the First Amendment and the cross should have been allowed to be placed in the first place. Opinion

  "Capitol Square Review and Advisory Bd. v. Pinette 515 U.S. 753 (1995)." JUSTIA US Supreme Court. N.p., n.d. Web.   "Capitol Square Review and Advisory Bd. v. Pinette Case Brief." 4LAWSCHOOL. N.p., n.d. Web.   "Capitol Square Review and Advisory Board v. Pinette - A Symbol Of Hatred Or Religious Display?" Law Library. N.p., n.d. Web.   "CAPITOL SQUARE REVIEW AND ADVISORY BOARD V. PINETTE 515 U.S. 753 (1995)." Free Speech. N.p., n.d. Web.   "Capitol Square Review Bd. v. Pinette (94-780), 515 U.S. 753 (1995)." Legal Information Institute. N.p., n.d. Web.   "Capitol Square Review and Advisory Bd. v. Pinette." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Nov 29,   "Capitol Square Review and Advisory Board v. Pinette: A Sign From Above in Establishment Clause Jurisprudence." Catholic University Law Review. N.p., n.d. Web. Works Cited