I expect anyone who bothers to read this blog probably already knows this, but Constitutionally, there is a distinction between government speech and private speech. When the government speaks, among other things, it is governed by the Establishment Clause (“Congress shall make no law respecting an establishment of religion” — this has been interpreted to extend to government generally and not just Congress.) Private citizens are not bound by the Establishment Clause.
In Knightstown, there is a large evergreen in the town square. The town decorates it with lights and such during Christmas. One of the decorations is a large cross on top of the tree. That is apparently the only religious symbol. The ACLU filed suit and the town declined to fight the suit, taking the cross down.
This has provoked outrage in the usual fashion. One of the common arguments is that not allowing the government to put up a cross is, itself, a violation of the Free Exercise clause (“Congress shall make no law respecting . . . the free exercise [of religion].”) I’m not sure if this is people being deliberately obtuse or if they simply don’t understand the distinction: private citizens have the right to exercise religion freely; government is restricted from making laws with respect to the establishment of religion. Private individuals are not restricted from establishing religion; government does not have a right to exercise religion.
If the tree and the cross had been on private ground, no lawsuit would have been filed by the ACLU (and, if it had, they would have lost). The critical distinction here is that the cross was government speech. I went to the comment section of a news article (I know, I know) and the commenters studiously ignored the distinction between government and private speech. Rather than comment there, I thought I’d just scream into the void from the friendly confines of my own blog.