Pleasant Grove City, Utah v. Summum — Souter, J., Concurring

Summary

Justice Souter concurs with the Court that the Ten Commandments monument is government speech and that the city need not meet Summum’s formalities. He cautions that the government‑speech doctrine is newly developed and should be applied narrowly, proposing a reasonable‑observer test to determine when expression is governmental. He also notes unresolved interactions between government speech and the Establishment Clause.