756
Syllabus
J., concurring). The plurality's per se rule would, in all but a handful of cases, make the endorsement test meaningless. Pp. 785-792. (b) Notwithstanding that there was nothing else on the statehouse lawn suggesting a forum open to any and all private, unattended religious displays, a flat denial of the Klan's application was not the Board's only option to protect against an appearance of endorsement. Either of two possibilities would have been better suited to the requirement that the Board find its most "narrowly drawn" alternative. Perry Ed. Assn. v. Perry Local Educators' Assn., 460 U. S. 37, 45. First, the Board could have required a disclaimer sufficiently large and clear to preclude any reasonable inference that the cross demonstrated governmental endorsement. In the alternative, the Board could have instituted a policy of restricting all private, unattended displays to one area of the square, with a permanent sign marking the area as a forum for private speech carrying no state endorsement. Pp. 792-794.
Scalia, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III, in which Rehnquist, C. J., and O'Connor, Kennedy, Souter, Thomas, and Breyer, JJ., joined, and an opinion with respect to Part IV, in which Rehnquist, C. J., and Kennedy and Thomas, JJ., joined. Thomas, J., filed a concurring opinion, post, p. 770. O'Connor, J., filed an opinion concurring in part and concurring in the judgment, in which Souter and Breyer, JJ., joined, post, p. 772. Souter, J., filed an opinion concurring in part and concurring in the judgment, in which O'Connor and Breyer, JJ., joined, post, p. 783. Stevens, J., post, p. 797, and Ginsburg, J., post, p. 817, filed dissenting opinions.
Michael J. Renner argued the cause for petitioners. With him on the briefs were Betty D. Montgomery, Attorney General of Ohio, and Christopher S. Cook, Andrew S. Bergman, Simon B. Karas, and Andrew I. Sutter, Assistant Attorneys General.
Benson A. Wolman argued the cause for respondents. With him on the brief were David Goldberger, Barbara P. O'Toole, Steven R. Shapiro, and Peter Joy.*
*Briefs of amici curiae urging reversal were filed for the Town of Trumbell, Connecticut, et al. by Arthur A. Hiller, Martin B. Margulies, and Emanuel Margolis; for Americans United for Separation of Church and State et al. by Steven K. Green, Julie A. Segal, Norman Dorsen, Samuel Rabinove, Elliot M. Mincberg, David Saperstein, and Richard T. Cassidy; for the Council on Religious Freedom et al. by Lee Boothby, Wal-
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