10 Pages Posted: 22 Jul 2010
Date Written: February 21, 2010
The U.S. Supreme Court's decision in Pleasant Grove City v. Summum may indicate a change in the direction of the Supreme Court's Establishment Clause jurisprudence. Although the Court decided Summum on the basis of the government speech doctrine, Justice Alito's opinion for the Court contains an extended discussion of monuments and messages that is directly at odds with some of the Court's Establishment Clause cases applying the endorsement test. Particularly in light of the fact that Summum was decided while the Court was considering Salazar v. Buono, another case involving a religious monument, it is possible that Summum suggests a move away from the endorsement test in the context of religious symbols and displays.
Suggested Citation: Suggested Citation
Roy, Lisa Shaw, Pleasant Grove City v. Summum: Monuments, Messages, and the Next Establishment Clause (February 21, 2010). Northwestern University Law Review Colloquy, Vol. 104, p. 280, February 2010. Available at SSRN: https://ssrn.com/abstract=1646409