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Pleasant Grove City v. Summum: Monuments, Messages, and the Next Establishment Clause

10 Pages Posted: 22 Jul 2010  

Lisa Shaw Roy

University of Mississippi School of Law

Date Written: February 21, 2010

Abstract

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

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

Lisa Shaw Roy (Contact Author)

University of Mississippi School of Law ( email )

Lamar Law Center
P.O. Box 1848
University, MS 38677
United States
(662) 915-6813 (Phone)

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