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KREISNER v. CITY OF SAN DIEGO

No. 90-55354.

988 F.2d 883 (1993)

Howard T. KREISNER, et al., Plaintiffs-Appellants, v. CITY OF SAN DIEGO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred April 3, 1991.

Submitted February 19, 1993.

Decided March 3, 1993.

Attorney(s) appearing for the Case

Michael A. Jacobs, John F. Delaney, Susan St. Amour, Morrison & Foerster, San Francisco, CA, for plaintiffs-appellants.

Mary Kay Jackson, Deputy City Atty., San Diego, CA, for defendant-appellee.

Before: BOOCHEVER, KOZINSKI, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

This appeal squarely presents a conflict between two of our most deeply cherished liberties: freedom of speech and freedom of religion. The question we must decide is whether the City of San Diego may, consistent with the Establishment Clause of the United States Constitution, permit a private group to erect a religious display in a public park during the Christmas season. Because the park is a traditional public forum removed from the...

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