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Action

Affirmed (includes modified). Petitioning party did not receive a favorable disposition.

Facts/Syllabus

Ohio law maked Capitol Square, the statehouse plaza in Columbus, a forum for discussion of public questions and for public activities, and gave petitioner Capitol Square Review and Advisory Board (Board) responsibility for regulating access to the square. To use the square, a group must simply fill out an official application form and meet several speechneutral criteria. After the Board denied, on Establishment Clause grounds, the application of respondent Ku Klux Klan to place an unattended cross on the square during the 1993 Christmas season, the Klan filed this suit. The District Court entered an injunction requiring issuance of the requested permit, and the Board permitted the Klan to erect its cross. The Sixth Circuit affirmed the judgment, adding to a conflict among the Courts of Appeals as to whether a private, unattended display of a religious symbol in a public forum violates the Establishment Clause.