Government criticism of the Supreme Court on religion-related materials

[Mark Tushnet]

I haven't commented on this thread, mostly because I thought the 
answer was pretty straight-forward from Justice Souter's 
invocation of "common sense" as a legal technique in addressing 
this kind of problem.

I could get fancier about this (in the initial version, what does 
common sense tell you about the purpose of presenting the 
protest in this particular form? in the revised version, what does 
common sense tell you about the choice of this particular form of 
"vivid" display when other "vivid" displays of protest are clearly 
possible, like displaying an "Impeach Justice Souter" banner?), 
but in some sensse that would be inconsistent with the technique.
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