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What Are the Implications of a Narrow Ruling in Buono? |
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Written by Don Byrd
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Thursday, 08 October 2009 |
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The First Amendment Center's Tony Mauro offers this on-target analysis of yesterday's Supreme Court oral argument in Salazar v. Buono.
Justices
seemed ready to accept the law as a solution, though some members of
the Court voiced concern that even after the land passes into private
hands, government might still have a measure of control over the
memorial that would pose constitutional problems. For example, if the
new owners, the local Veterans of Foreign Wars chapter, decided to take
down the memorial, the land would revert to the government. But
justices disagreed over whether that part of the law required that the
cross be maintained or would allow for some less religious form of war
memorial.
Even if the Court’s ruling in Salazar v. Buono
is limited to approving the land transfer, such a decision could open
another front in First Amendment litigation: whether government can
make free-speech or establishment-clause violations go away by just
“privatizing” aspects of the dispute.
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