The U.S. Supreme Court case Capitol Square Review and Advisory Board v. Vincent J. Pinette, Donnie A. Carr and Knights of the Ku Klux Klan in 1994 revolved around First Amendment rights regarding freedom of speech and religion on public property. The Knights of the Ku Klux Klan requested to place a cross in Ohio's Capitol Square during the Christmas season, which was denied by the state advisory board citing it would violate separation between church and state as per Establishment Clause of First Amendment . However, this decision was challenged by KKK members who argued that their free speech rights were being violated since other groups had been allowed to use space for displays including a menorah during Hanukkah season.The Supreme Court ruled in favor of KKK stating that allowing religious symbols did not mean government endorsement or promotion but rather represented private speech within a traditional public forum where diverse views are tolerated.

In the dissenting opinion for Capitol Square Review and Advisory Board v. Pinette, Justice John Paul Stevens argued that allowing a cross to be displayed on public property by the Ku Klux Klan could be perceived as an endorsement of religious belief by the state. He disagreed with the majority's view that private speech in a public forum is protected under free speech rights regardless of its content or potential implications. Instead, he contended that such displays should fall under Establishment Clause scrutiny due to their potential to convey government endorsement of religion. Furthermore, he expressed concern about how this ruling might affect future cases involving religious symbols on public property and warned against blurring lines between church and state.