Are there any new developments in the law concerning public displays of nativity scenes?
Yes, it is constitutional when churches, community groups, civic organizations, or private individuals privately display nativity scenes, or other religious symbols, on property which is considered to be open for the use of the public, such as public squares where other displays are permitted. The Supreme Court recently decided a case that helps clarify the law regarding nativity scenes and other public property displays of religious symbols. [FN19] The Court relied heavily on its decisions in Lamb’s Chapel and Mergens when it held that the Ku Klux Klan had a right to display a cross on public property where other religious and secular symbols were being displayed. Bolstering the protection of religious speech, the Court stated that “[o]ur precedent establishes that private religious speech, far from being a First Amendment orphan, is as fully protected under the Free Speech Clause as secular private expression.” [FN20] The need to reinforce the existing Constitutional protection again
