Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution (especially in the
1. Whether a permanent monument donated by a private organization to Pleasant Grove retains its character as private speech, or whether it becomes government speech because the city owns, controls, and decides to display it?
2. Did the Tenth Circuit err in finding that the monument’s physical presence in a park is dispositive in ruling that the relevant forum is a public forum, or should the court have ruled that access to the forum based on the city’s selection process renders it a nonpublic forum?
3. Would requiring the city to immediately erect and display Summum’s monument ultimately require the city to decide either to display monuments at the request of any private party or not to display any monuments at all?
Summum, a religious organization, seeks to place a monument containing the Seven Aphorisms of Summum among other historical and cultural artifacts and monuments displayed in Pioneer Park. It brought a civil suit in the Federal District Court of Utah, alleging that the city of Pleasant Grove had abridged its First Amendment freedom of speech rights in denying the request to display the Seven Aphorisms monument, while approving other similar expressive monuments. The District Court denied Summum’s preliminary injunction motion, but the Tenth Circuit reversed the ruling and granted the injunction, finding that any privately-donated monument retained its character as private speech. The court held that since a park is a traditional public forum, the city cannot engage in content-based restrictions of private speech without a compelling state interest and a narrowly-tailored policy to that end. The city contends that there is no First Amendment violation because the display constitutes government speech—the city owns, controls, and ultimately decides to display the monument. It fears that the Tenth Circuit ruling would chill free speech for both private parties and the government, for the ruling would require the city to display any monument at the request of a private party or, alternatively, ban all displays in public parks. But Summum argues that categorizing such displays as government speech, where the decision to display a monument is subject to the city’s selection process, would allow the city to engage in viewpoint discrimination.
1. Did the Tenth Circuit err by holding, in conflict with the Second, Third, Seventh, Eighth, and D.C. Circuits, that a monument donated to a municipality and thereafter owned, controlled, and displayed by the municipality is not government speech but rather remains the private speech of the monument’s donor?
2. Did the Tenth Circuit err by ruling, in conflict with the Second, Sixth, and Seventh Circuits, that a municipal park is a public forum under the First Amendment for the erection and permanent display of monuments proposed by private parties?
3. Did the Tenth Circuit err by ruling that the city must immediately erect and display Summum’s “Seven Aphorisms” monument in the city’s park?
Pioneer Park, located in Pleasant Grove, Utah, contains a number of historical artifacts, buildings, and permanent displays, such as the city’s first city hall, its first fire department, a Ten Commandments monument, and a September 11 monument. See Summum v. Pleasant Grove, 483 F.3d 1044, 1047 (10th Cir.
