{"id":95,"date":"2008-11-14T15:06:09","date_gmt":"2008-11-14T15:06:09","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2008\/11\/barry-do-you-want-a-statue-of.html"},"modified":"2008-11-14T15:06:09","modified_gmt":"2008-11-14T15:06:09","slug":"barry-do-you-want-a-statue-of","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2008\/11\/barry-do-you-want-a-statue-of.html","title":{"rendered":"Barry, Do You Want a Statue of Tyranny?"},"content":{"rendered":"

It was an hour of spirited, lively debate before the Supreme Court.  <\/span>And, now that oral arguments have concluded and the case is in the hands of the Justices, I am hopeful that the Supreme Court will determine that the appeals court got it wrong and uphold the authority of Pleasant Grove City, Utah to determine what’s included in its park.<\/font><\/p>\n

 <\/font><\/p>\n

In presenting oral arguments on behalf of Pleasant Grove City, I was pleased that our arguments resonated with the Justices.<\/font><\/p>\n

  <\/font><\/span><\/p>\n

We have argued all along that the 10th<\/sup> Circuit decision, if left unchecked, would have sweeping ramifications nationwide – putting long-standing historic and patriotic displays and monuments across the country at risk.<\/font><\/p>\n

 <\/font><\/p>\n

One of the key illustrative arguments in our briefs put this issue into clear perspective:  <\/span>“A<\/font>ccepting a Statue of Liberty does not compel a government to accept a Statue of Tyranny,” as we contended in our opening brief<\/a>.<\/span><\/font><\/font><\/p>\n

<\/font><\/span><\/p>\n

<\/font><\/font><\/span> <\/p>\n

I was pleased to see Chief Justice Roberts amplify our argument when he pressed the attorney who represented the group Summum:  <\/span>“You have a Statue of Liberty. Does that mean we have to have a Statue of Despotism?  <\/span>Or do we have to put any president who wants to be on Mount Rushmore?”   <\/span>That’s exactly what’s at stake in this case.<\/font><\/font><\/span><\/p>\n

 <\/font><\/span><\/p>\n

A transcript of the oral arguments is available here<\/a>. <\/font><\/p>\n

<\/font> <\/p>\n

Historic monuments and plaques serve as the institutional memory of many communities and cities throughout the United States.  <\/span>This is one of the ways that governments tell the story about the unfolding drama of the United States which includes the history and heritage of our nation.  <\/span>It would be tragic if governments were faced with a choice of either removing these monuments or accepting all monuments, including those that not only do not reflect our history, but also hold in condemnation some of our greatest American heroes.  <\/span><\/font><\/font><\/font><\/p>\n

 <\/font><\/p>\n

Already there are groups demanding to put up memorials chastising our soldiers and saying they deserve what they got when they were wounded or killed.  <\/span>This is one of the reasons the United States Government filed briefs on our side and participated with me in the oral argument.<\/font><\/p>\n

 <\/font><\/p>\n

When Pleasant Grove City accepted the donated monument of the Ten Commandments by the Fraternal Order of Eagles nearly 40 years ago, the city took ownership and control of the monument, making it government speech.  <\/span>And, as government speech, the city government is free to select among the messages it wants to convey to its citizens.<\/font><\/p>\n

 <\/font><\/p>\n

It’s also clear that this case involves the Free Speech Clause of the First Amendment, not the Establishment Clause.  <\/span>Even if the Establishment Clause were at issue, which it isn’t, the city’s acceptance of the Eagles’ monument is no more an endorsement of religion, as I told the Court, than is the depiction of Moses holding the Ten Commandments clearly visible in the frieze of the Supreme Court’s own chamber.  <\/span>The fact is that the city government of Pleasant Grove hasn’t established anything by accepting the Ten Commandments monument.<\/font><\/p>\n

 <\/font><\/p>\n

I am hopeful that the high court will reverse the 10th<\/sup> Circuit.<\/font><\/p>\n","protected":false},"excerpt":{"rendered":"

It was an hour of spirited, lively debate before the Supreme Court.  And, now that oral arguments have concluded and the case is in the hands of the Justices, I am hopeful that the Supreme Court will determine that the appeals court got it wrong and uphold the authority of Pleasant Grove City, Utah to…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,5],"tags":[],"class_list":["post-95","post","type-post","status-publish","format-standard","hentry","category-courts","category-separation-of-church-and-state"],"yoast_head":"\nBarry, Do You Want a Statue of Tyranny? - Lynn v. 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Jay Sekulow has also served as a faculty member for the Office of Legal Education at the United States Department of Justice.  As a member of the faculty he instructed Assistant United States Attorneys and investigators in the First Amendment issues associated with prosecution of obscenity. An accomplished and respected judicial advocate, Sekulow has presented oral argument before the U.S. Supreme Court in numerous cases in defense of constitutional freedoms. Several landmark cases argued by Sekulow before the U.S. Supreme Court have become part of the legal landscape in the area of religious liberty litigation.  In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses.  In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.  And, most recently, in McConnell v. FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. Sekulow serves as a member of the Board of Trustees for The Supreme Court Historical Society in Washington, DC.","url":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/author\/jsekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/95","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/users\/163"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/comments?post=95"}],"version-history":[{"count":0,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/95\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/media?parent=95"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/categories?post=95"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/tags?post=95"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}