The world we leave our children -Reply

[Jim Henderson]

In a message dated 97-10-09 10:55:20 EDT, Rick Duncan wrote:

<< I agree with Jack--an unattended cross is speech. The way to deal with
 the problem of unpopular unattended displays is to ban *all*
 unattended displays. This eliminates the mistaken endorsement problem
 without singling out religious messages for discriminatory treatment. >>

(1)  An unattended display is not speech, unless an attended display also is
speech.

(2)  An unattended display does not speak a different message than an
attended display.

(3)  If the concern is that the fact of "unattendedness" communicates
"approval" of the message, there is another way beside silencing the speaker,
to correct that misunderstanding.  Visit any popular national park, or nearly
every airport terminal in the United States, and you will see the
"disclaimer" sign posted by government functionaries.  The disclaimer advises
the public that one consequence of having a Constitution with a First and a
Fourteenth Amendment is that some folks will actually seek to communicate
their views in public places.  The disclaimer further advises the public that
it should draw no conclusion regarding the endorsement of such speech by the
involved government body.

Jim Henderson
ACLJ