or erected by the government rather than a private organization. The discriminating characteristic that allowed the Christmas tree display and prohibited the menorah was solely that the former was a secular symbol and the latter a religious one. The distinction was made on the basis of what was said, not who was speaking. 11 . The Court explained: It is axiomatic that the government may not regulate speech based on its substantive content or the message it conveys. Other principles follow from this precept. In the realm of private speech or expression, government regulation may not favor one speaker over another. Discrimination against speech bec L.Ed.2d 640 (1990). 16 . Cf. County of Allegheny v. ACLU Greater Pittsburgh Chapter, 492 U.S. 573, 109 S.Ct. 3086, 106 L.Ed.2d 472 (1989) (<HOLDING>). In Allegheny, the Court evaluated the effect
holding that display of unattended menorah in city hall park quite close to seat of government violated establishment clause because its combination alongside a secular holiday display did not cause a viewer to see the exhibit as a whole or as a unitary symbol holding inter alia that the display of a creche at a country courthouse violated the establishment clause but noting that there is an obvious distinction between a creche display and references to god in the motto and the pledge holding that the display of a creche as a part of a public christmas display depicts the historical origins of this traditional event long recognized as a national holiday holding that county violated establishment clause by giving roman catholic group preferential access to display standalone creche depicting birth of jesus on main staircase of its seat of government because reasonable observer would believe countys action was meant to support and promote christianity holding that the display of a privately sponsored creche on the staircase of the courthouse violated the establishment clause because the display actually favored sectarian religious expression