Tuesday, September 24, 2013

Do 10 Commandments displays involve private speech in an open forum like an opinion in a town meeting? Or is the permanent placement of a Ten...

I am not sure that this issue is being framed properly in your question, since the placement of the Ten Commandments has nothing to do with public or private speech. If the Ten Commandments are placed on private property, there is no case, and if they are placed on public property, the issue is whether their placement violates the First Amendment's establishment clause, which prohibits the state (or any level of government) from acting in a way that establishes a particular religion or religions.  Of course, the First Amendment also provides that government may not interfere with the practice of any religion, so there is understandably tension between those aspects of the Amendment.


These are difficult cases for the courts to decide because if the Ten Commandments are not permitted to be displayed, there is some argument that people's religious beliefs are being interfered with. However, notice that if the government declines to display the Ten Commandments, there is nothing to stop people from following them or from displaying them privately.  But if the Ten Commandments are displayed, then there is a good argument that the state is promoting a particular religion or religions, in this case, Judaism and Christianity, both of which subscribe to these Commandments.  Is it reasonable for government to display a symbol of two particular religions when we have so many religions in the United States?  What are Hindus, Buddhists, and Muslims supposed to make of the promotion of Judeo-Christian writings by the government?  Public property belongs to all the taxpayers, not just Christians and Jews. Should all taxpayers have to pay for and to endure the promotion of a few religions over all the other religions?


I have provided you with a link to a series of Supreme Court cases that address these First Amendment issues, and you will notice that they concern the establishment clause and the free exercise clause, but do not focus on public or private speech.

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