First Amendment Limits on Government Holiday Displays

Abstract

“No holiday season is complete . . . without one or more First Amendment challenges to public holiday displays.” While Santa, Rudolph, and Frosty typically appear at city hall without controversy, government holiday displays that include religious symbols—such as a Christian creche, a Jewish menorah, or a Muslim star and crescent—are more likely to attract legal scrutiny under the Establishment Clause of the First Amendment to the U.S. Constitution. For governments that sponsor holiday displays with religious symbols, the resulting litigation can be costly. If the court concludes that the challenged display violates the Constitution, the government must pay the plaintiff’s costs and attorney fees. And even longstanding displays can be challenged—mere tradition is not a defense.