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November 16, 2008

Another View of Pleasant Grove

  Professor Paul McGreal has published an essay in the on-line edition of the Northwestern University Law Review that argues for an approach analogous to the law of easements for deciding Pleasant Grove v. Summum.  In essence, he argues that the metaphorical easement for speech that the public holds with respect to traditional public fora does not extend to permanent monuments, but one must assess the governmental purpose for exclusion in order to decide whether the exclusion is viewpoint-neutral. 

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