The city of Pleasant Grove, Utah rejected a request by the Summum religion to allow placement of a privately funded monument bearing the religion’s “Seven Aphorisms” in a public park despite the fact that the park already contained other religious monuments, including one of the 4,000 or so Fraternal Order of Eagles Ten Commandments monuments that litter public parks and courthouse lawns throughout the nation. Summum filed suit against the city, asserting that content-based discrimination in a public forum violated the Speech Clause of the First Amendment.
As I reported here, a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit sided with Summum and the petition for an en banc rehearing failed on a 6-6 vote.
Whether, under the First Amendment, privately donated monuments placed in a public park qualify as private or government speech.
H/T – Religion Clause