The district court entered an injunction that required issuing a permit to erect the cross. The Sixth Circuit Court of Appeals affirmed the decision. The review board appealed to the U.S. Supreme Court. The high court ruled that the state's interest in avoiding a conflict with the Establishment Clause was misplaced. When a private person or group erects a cross on state land, that is not a violation of the Establishment Clause.
Religious speech has the protection of the First Amendment.
The government cannot suppress religious speech. The lower courts were correct in protecting the KKK's right to erect their cross in a plaza that is an established public forum. Justice Stevens filed a dissent. Justice Ginsburg filed a separate dissent. Use FindLaw to read entire decision by clicking here.