776
Opinion of O'Connor, J.
same application process and on the same terms required of other private groups." Ante, at 763. And, as I read the plurality opinion, a case is not governed by its proposed per se rule where such circumstances are otherwise—that is, where preferential placement of a religious symbol in a public space or government manipulation of the forum is involved. See ante, at 766.
To the plurality's consideration of the open nature of the forum and the private ownership of the display, however, I would add the presence of a sign disclaiming government sponsorship or endorsement on the Klan cross, which would make the State's role clear to the community. This factor is important because, as Justice Souter makes clear, post, at 785-786, certain aspects of the cross display in this case arguably intimate government approval of respondents' private religious message—particularly that the cross is an especially potent sectarian symbol which stood unattended in close proximity to official government buildings. In context, a disclaimer helps remove doubt about state approval of respondents' religious message. Cf. Widmar, supra, at 274, n. 14 ("In light of the large number of groups meeting on campus, however, we doubt students could draw any reasonable inference of University support from the mere fact of a campus meeting place. The University's student handbook already notes that the University's name will not 'be identified in any way with the aims, policies, programs, products, or opinions of any organization or its members' "). On these facts, then, "the message [of inclusion] is one of neutrality rather than endorsement." Mergens, supra, at 248 (plurality opinion).
Our agreement as to the outcome of this case, however, cannot mask the fact that I part company with the plurality on a fundamental point: I disagree that "[i]t has radical implications for our public policy to suggest that neutral laws are invalid whenever hypothetical observers may—even reasonably—confuse an incidental benefit to religion with state
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