Find Court Cases > Capitol Square Review and Advisory Bd. v. Pinette

Capitol Square Review and Advisory Bd. v. Pinette

Case Date: 04/26/1995
Docket No: none

Facts of the Case 

In 1993, the Ku Klux Klan organization attempted to place an unattended cross on Capitol Square, the state-house plaza in Columbus, Ohio, during the 1993 Christmas season. Ohio law makes Capitol Square a forum for discussion of public questions and for public activities, and gives the Advisory Board responsibility for regulating access to the square. The Board denied the application of the Ku Klux Klan to erect the cross on Establishment Clause grounds.

Question 

Did the Board's denial of a permit to the Ku Klux Klan violate free speech under the First Amendment?

Argument Capitol Square Review and Advisory Bd. v. Pinette - Oral ArgumentFull Transcript Text  Download MP3Capitol Square Review and Advisory Bd. v. Pinette - Opinion AnnouncementFull Transcript Text  Download MP3 Conclusion  Decision: 7 votes for Pinette, 2 vote(s) against Legal provision: Establishment of Religion

Yes. The display was private religious speech that "is as fully protected under the Free Speech Clause as secular private expression." Because Capitol Square is designated as a traditional public forum, any group may express their views there, and the Board may regulate the content of the Klan's expression on the plaza only if a restriction is necessary and narrowly drawn to serve a compelling state interest.