Cite as: 515 U. S. 753 (1995)
Opinion of Scalia, J.
If Ohio is concerned about misperceptions, nothing prevents it from requiring all private displays in the square to be identified as such. That would be a content-neutral "manner" restriction that is assuredly constitutional. See Clark v. Community for Creative Non-Violence, 468 U. S. 288, 293 (1984). But the State may not, on the claim of mis-perception of official endorsement, ban all private religious speech from the public square, or discriminate against it by requiring religious speech alone to disclaim public sponsorship.4
is required, one need only follow the debate between the concurrence and Justice Stevens' dissent as to whether the hypothetical beholder who will be the determinant of "endorsement" should be any beholder (no matter how unknowledgeable), or the average beholder, or (what Justice Stevens accuses the concurrence of favoring) the "ultrareasonable" beholder. See post, at 778-782 (O'Connor, J., concurring in part and concurring in judgment); post, at 807-808 (Stevens, J., dissenting). And, of course, even when one achieves agreement upon that question, it will be unrealistic to expect different judges (or should it be juries?) to reach consistent answers as to what any beholder, the average beholder, or the ultrareasonable beholder (as the case may be) would think. It is irresponsible to make the Nation's legislators walk this minefield.
4 For this reason, among others, we do not inquire into the adequacy of the identification that was attached to the cross ultimately erected in this case. The difficulties posed by such an inquiry, however, are yet another reason to reject the principle of "transferred endorsement." The only principled line for adequacy of identification would be identification that is legible at whatever distance the cross is visible. Otherwise, the unin-formed viewer who does not have time or inclination to come closer to read the sign might be misled, just as (under current law) the uninformed viewer who does not have time or inclination to inquire whether speech in Capitol Square is publicly endorsed speech might be misled. Needless to say, such a rule would place considerable constraint upon religious speech, not to mention that it would be ridiculous. But if one rejects that criterion, courts would have to decide (on what basis we cannot imagine) how large an identifying sign is large enough. Our Religion Clause jurisprudence is complex enough without the addition of this highly litigable feature.
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