pleasant
grove
city
utah
et
al
summum
argued
november
decided
february
pioneer
park
park
public
park
petitioner
pleasant
grove
city
city
least
permanent
privately
donated
displays
including
ten
commandments
monument
rejecting
request
respondent
summum
religious
organization
erect
monument
containing
seven
aphorisms
summum
city
explained
limited
park
monuments
either
directly
related
city
history
donated
groups
longstanding
community
ties
city
put
policy
criteria
writing
respondent
renewed
request
describe
monument
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significance
respondent
connection
community
city
rejected
request
respondent
filed
suit
claiming
city
petitioner
officials
violated
first
amendment
free
speech
clause
accepting
ten
commandments
monument
rejecting
respondent
proposed
monument
district
denied
respondent
preliminary
injunction
request
tenth
circuit
reversed
noting
previously
found
ten
commandments
monument
private
rather
government
speech
public
parks
traditionally
regarded
public
forums
held
exclusion
monument
unlikely
survive
strict
scrutiny
city
required
erect
immediately
held
placement
permanent
monument
public
park
form
government
speech
therefore
subject
scrutiny
free
speech
clause
pp
clause
restricts
government
regulation
private
speech
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speech
whether
petitioners
engaging
expressive
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forum
private
speech
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precedents
govern
pp
government
entity
entitled
say
wishes
rosenberger
rector
visitors
univ
select
views
wants
express
see
rust
sullivan
may
exercise
freedom
receives
private
assistance
purpose
delivering
message
see
johanns
livestock
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mean
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speech
example
government
speech
must
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establishment
clause
addition
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officials
involvement
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may
limited
law
regulation
practice
government
entity
ultimately
accountable
electorate
political
process
advocacy
board
regents
univ
system
southworth
pp
contrast
government
entities
strictly
limited
ability
regulate
private
speech
traditional
public
fora
cornelius
naacp
legal
defense
ed
fund
reasonable
time
place
manner
restrictions
allowed
see
perry
ed
assn
perry
local
educators
restrictions
must
satisfy
strict
scrutiny
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tailored
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interest
see
cornelius
supra
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viewpoint
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strict
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traditional
public
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supra
government
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groups
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discussion
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perry
ed
supra
may
impose
reasonable
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see
good
news
club
milford
central
school
pp
permanent
monuments
displayed
public
property
typically
represent
government
speech
governments
long
used
monuments
speak
public
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monument
placed
public
land
constitutes
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speech
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financed
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monuments
government
accepts
public
display
government
land
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entities
regularly
accept
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funded
donated
monuments
general
practice
one
selective
receptivity
city
parks
play
important
role
defining
identity
city
projects
residents
outside
world
cities
take
care
accepting
donated
monuments
selecting
portray
government
decisionmakers
view
appropriate
place
question
based
esthetics
history
local
culture
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monuments
meant
convey
effect
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government
message
thus
constitute
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speech
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monuments
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represent
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speech
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many
donated
completed
form
private
entities
city
effectively
controlled
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final
approval
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supra
city
selected
monuments
present
image
city
wishes
project
park
visitors
taken
ownership
monuments
park
including
ten
commandments
monument
expressly
set
selection
criteria
respondent
legitimate
concern
government
speech
doctrine
used
subterfuge
favoring
certain
viewpoints
mean
government
entity
required
embrace
publicly
privately
donated
monument
message
order
escape
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speech
clause
restrictions
city
engages
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conduct
accepting
displaying
privately
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monument
necessarily
endorse
specific
meaning
particular
donor
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monument
government
message
may
altered
subsequent
addition
monuments
vicinity
may
also
change
time
pp
ublic
forum
principles
place
context
case
american
library
forum
doctrine
applies
government
property
program
capable
accommodating
large
number
public
speakers
without
defeating
essential
function
land
program
public
parks
accommodate
limited
number
permanent
monuments
governments
must
maintain
viewpoint
neutrality
selecting
donated
monuments
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either
prepare
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parks
face
pressure
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longstanding
cherished
monuments
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parks
considered
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public
forums
purpose
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monuments
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choice
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donations
forum
analysis
lead
almost
inexorably
closing
forum
forum
analysis
place
capitol
square
review
advisory
bd
pinette
distinguished
pp
reversed
alito
delivered
opinion
roberts
stevens
scalia
kennedy
thomas
ginsburg
breyer
joined
stevens
filed
concurring
opinion
ginsburg
joined
scalia
filed
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opinion
thomas
joined
breyer
filed
concurring
opinion
souter
filed
opinion
concurring
judgment
pleasant
grove
city
utah
et
petitioners
summum
writ
certiorari
appeals
tenth
circuit
february
justice
alito
delivered
opinion
case
presents
question
whether
free
speech
clause
first
amendment
entitles
private
group
insist
municipality
permit
place
permanent
monument
city
park
donated
monuments
previously
erected
appeals
held
municipality
required
accept
monument
public
park
traditional
public
forum
conclude
however
although
park
traditional
public
forum
speeches
transitory
expressive
acts
display
permanent
monument
public
park
form
expression
forum
analysis
applies
instead
placement
permanent
monument
public
park
best
viewed
form
government
speech
therefore
subject
scrutiny
free
speech
clause
pioneer
park
park
acre
public
park
located
historic
district
pleasant
grove
city
city
utah
park
currently
contains
permanent
displays
least
donated
private
groups
individuals
include
historic
granary
wishing
well
city
first
fire
station
september
monument
ten
commandments
monument
donated
fraternal
order
eagles
respondent
summum
religious
organization
founded
headquartered
salt
lake
city
utah
two
separate
occasions
summum
president
wrote
letter
city
mayor
requesting
permission
erect
stone
monument
contain
seven
aphorisms
summum
similar
size
nature
ten
commandments
monument
app
city
denied
requests
explained
practice
limit
monuments
park
either
directly
relate
history
pleasant
grove
donated
groups
longstanding
ties
pleasant
grove
community
following
year
city
passed
resolution
putting
policy
writing
resolution
also
mentioned
criteria
safety
esthetics
may
respondent
president
wrote
mayor
asking
erect
monument
letter
describe
monument
historical
significance
summum
connection
community
city
council
rejected
request
respondent
filed
action
city
various
local
officials
petitioners
asserting
among
claims
petitioners
violated
free
speech
clause
first
amendment
accepting
ten
commandments
monument
rejecting
proposed
seven
aphorisms
monument
respondent
sought
preliminary
injunction
directing
city
permit
summum
erect
monument
pioneer
park
district
denied
summum
preliminary
injunction
request
wl
utah
respondent
appealed
pressing
solely
free
speech
claim
panel
tenth
circuit
reversed
panel
noted
previously
found
ten
commandments
monument
private
rather
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speech
see
summum
ogden
noting
public
parks
traditionally
regarded
public
forums
panel
held
city
reject
seven
aphorisms
monument
unless
compelling
justification
served
narrowly
tailored
means
see
panel
concluded
exclusion
respondent
monument
unlikely
survive
strict
scrutiny
panel
therefore
held
city
required
erect
summum
monument
immediately
tenth
circuit
denied
city
petition
rehearing
en
banc
equally
divided
vote
judge
lucero
dissented
arguing
park
traditional
public
forum
purpose
displaying
monuments
judge
mcconnell
also
dissented
contending
monuments
park
constitute
government
speech
granted
certiorari
reverse
ii
prior
decision
addressed
application
free
speech
clause
government
entity
acceptance
privately
donated
permanent
monuments
installation
public
park
parties
disagree
sharply
line
precedents
governs
situation
petitioners
contend
pertinent
cases
concerning
government
speech
respondent
hand
agrees
appeals
panel
applicable
cases
analyze
private
speech
public
forum
parties
fundamental
disagreement
thus
centers
nature
petitioners
conduct
permitted
privately
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monuments
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park
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engaging
expressive
conduct
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forum
private
speech
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engaging
expressive
conduct
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speech
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application
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speech
clause
restricts
government
regulation
private
speech
regulate
government
speech
see
johanns
livestock
marketing
government
speech
exempt
first
amendment
scrutiny
columbia
broadcasting
system
democratic
national
committee
stewart
concurring
government
restrained
first
amendment
controlling
expression
government
entity
right
speak
board
regents
univ
system
southworth
entitled
say
wishes
rosenberger
rector
visitors
univ
select
views
wants
express
see
rust
sullivan
national
endowment
arts
finley
scalia
concurring
judgment
business
government
favor
disfavor
points
view
indeed
easy
imagine
government
function
lacked
freedom
every
citizen
right
insist
one
paid
public
funds
express
view
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debate
issues
great
concern
public
limited
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sector
process
government
know
radically
transformed
keller
state
bar
see
also
johanns
souter
dissenting
govern
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say
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first
amendment
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veto
forced
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question
omitted
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entity
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exercise
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sources
purpose
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message
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controls
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precluded
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doctrine
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sources
rosenberger
supra
government
entity
may
regulate
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enlists
private
entities
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message
mean
restraints
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speech
example
government
speech
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establishment
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public
officials
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may
limited
law
regulation
practice
course
government
entity
ultimately
accountable
electorate
political
process
advocacy
southworth
citizenry
objects
newly
elected
officials
later
espouse
different
contrary
position
ibid
government
speech
restricted
free
speech
clause
government
free
hand
regulate
private
speech
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property
long
ago
recognized
members
public
retain
strong
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speech
rights
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public
streets
parks
immemorially
held
trust
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public
time
mind
used
purposes
assembly
communicating
thoughts
citizens
discussing
public
questions
perry
ed
assn
perry
local
educators
quoting
hague
committee
industrial
organization
opinion
roberts
order
preserve
freedom
government
entities
strictly
limited
ability
regulate
private
speech
traditional
public
fora
cornelius
naacp
legal
defense
ed
fund
reasonable
time
place
manner
restrictions
allowed
see
perry
ed
supra
restriction
based
content
speech
must
satisfy
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must
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tailored
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compelling
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interest
see
cornelius
supra
restrictions
based
viewpoint
prohibited
see
carey
brown
concept
traditional
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starting
point
recognized
members
public
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speech
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types
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property
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programs
share
essential
attributes
traditional
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forum
held
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entity
may
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public
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property
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regarded
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cornelius
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public
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subject
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also
held
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entity
may
create
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use
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groups
dedicated
solely
discussion
certain
subjects
perry
ed
supra
forum
government
entity
may
impose
restrictions
speech
reasonable
see
good
news
club
milford
central
school
iii
may
situations
difficult
tell
whether
government
entity
speaking
behalf
providing
forum
private
speech
case
present
situation
permanent
monuments
displayed
public
property
typically
represent
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speech
governments
long
used
monuments
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public
since
ancient
times
kings
emperors
rulers
erected
statues
remind
subjects
authority
power
triumphal
arches
columns
monuments
built
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military
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sacrifices
events
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importance
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entity
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monument
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convey
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structure
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obvious
proposition
monument
commissioned
financed
government
body
placement
public
land
constitutes
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speech
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speak
government
privately
financed
donated
monuments
government
accepts
displays
public
government
land
certainly
common
property
owners
open
property
installation
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monuments
convey
message
wish
associated
property
owners
typically
permit
construction
monuments
land
persons
observe
donated
monuments
routinely
reasonably
interpret
conveying
message
property
owner
behalf
context
little
chance
observers
fail
appreciate
identity
speaker
true
whether
monument
located
private
property
public
property
national
state
city
park
land
think
fair
say
throughout
nation
history
general
government
practice
respect
donated
monuments
one
selective
receptivity
great
many
monuments
adorn
nation
public
parks
financed
private
funds
donated
private
parties
sites
managed
national
park
service
contain
thousands
privately
designed
funded
commemorative
objects
including
statue
liberty
marine
corps
war
memorial
iwo
jima
monument
vietnam
veterans
memorial
cities
likewise
received
thousands
donated
monuments
see
app
brief
international
municipal
lawyers
association
amicus
curiae
hereinafter
imla
brief
listing
examples
brief
american
legion
et
al
amici
curiae
accepting
monuments
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funded
donated
government
entities
save
tax
dollars
able
acquire
monuments
afforded
fund
government
entities
regularly
accept
privately
funded
donated
monuments
exercised
selectivity
example
discussed
city
new
york
amicus
curiae
illustrative
wake
controversy
generated
city
turned
donated
monument
honor
daniel
webster
city
adopted
rules
governing
acceptance
artwork
permanent
placement
city
parks
requiring
among
things
proposed
gift
art
viewed
either
finished
condition
model
acceptance
brief
city
new
york
amicus
curiae
hereinafter
nyc
brief
across
country
municipalities
generally
exercise
editorial
control
donated
monuments
prior
submission
requirements
design
input
requested
modifications
written
criteria
legislative
approvals
specific
content
proposals
imla
brief
public
parks
often
closely
identified
public
mind
government
unit
owns
land
city
parks
ranging
small
towns
like
pioneer
park
pleasant
grove
city
major
metropolises
like
central
park
new
york
city
commonly
play
important
role
defining
identity
city
projects
residents
outside
world
accordingly
cities
jurisdictions
take
care
accepting
donated
monuments
government
decisionmakers
select
monuments
portray
view
appropriate
place
question
taking
account
factors
esthetics
history
local
culture
monuments
accepted
therefore
meant
convey
effect
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government
message
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iv
case
clear
monuments
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grove
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park
represent
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although
many
monuments
designed
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completed
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city
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accept
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display
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respondent
claim
city
ever
opened
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placement
whatever
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monuments
might
offered
private
donors
rather
city
effectively
controlled
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exercising
final
approval
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johanns
city
selected
monuments
wants
display
purpose
presenting
image
city
wishes
project
frequent
park
taken
ownership
monuments
park
including
ten
commandments
monument
focus
respondent
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city
expressly
set
forth
criteria
use
making
future
selections
respondent
voices
legitimate
concern
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speech
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used
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speakers
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suggested
solution
require
government
entity
accepting
privately
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monument
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formal
process
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resolution
publicly
embracing
message
monument
conveys
see
brief
respondent
see
reason
imposing
requirement
sort
parks
country
contain
thousands
donated
monuments
government
entities
used
expressive
purposes
usually
without
producing
sort
formal
documentation
respondent
says
required
escape
free
speech
clause
restrictions
requiring
jurisdictions
go
back
proclaim
formally
adopt
monuments
expressive
vehicles
pointless
exercise
constitution
mandate
case
example
although
respondent
argues
pleasant
grove
city
adequately
controll
ed
message
ten
commandments
monument
city
took
ownership
monument
put
permanent
display
park
owns
manages
linked
city
identity
rights
previously
possessed
monument
donor
relinquished
city
actions
provided
dramatic
form
adoption
sort
formal
endorsement
respondent
demand
unmistakably
signifying
park
visitors
city
intends
monument
speak
behalf
city
made
effort
abridge
traditional
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speech
rights
right
speak
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leaflets
may
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respondent
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park
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city
adopt
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respondent
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think
monument
convey
one
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presumably
message
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donor
government
entity
accepts
monument
placement
property
formally
embrace
message
government
engaged
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fundamentally
misunderstands
way
monuments
convey
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monument
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dinner
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monument
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interpreted
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fact
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observers
variety
ways
monuments
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attention
briefing
case
illustrate
phenomenon
example
message
mosaic
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imagine
donated
new
york
city
central
park
memory
john
lennon
see
nyc
brief
app
observers
may
imagine
musical
contributions
john
lennon
made
killed
others
may
think
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song
obviously
inspired
mosaic
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imagine
world
without
religion
countries
possessions
greed
take
another
example
message
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bronze
statue
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word
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world
languages
displayed
fayetteville
arkansas
monuments
almost
certain
evoke
different
thoughts
sentiments
minds
different
observers
effect
monuments
contain
text
likely
even
variable
consider
example
statue
pancho
villa
given
city
tucson
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teachings
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gnostic
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imla
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presidio
trail
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tucson
online
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museum
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illustrate
phenomenon
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scruggs
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nyc
brief
app
brief
american
catholic
lawyers
association
amicus
curiae