To go totally afield here, and presented in response to to the "is there anything that can be done" nature of the original posting, flavored by a self-provided invitation to be creative:
is there any potential tort liability on the city? Is the statement libelous? Is Shepard a public figure? Is the statement one of asserted fact or opinion? Is the statement one of religious belief? Can it be a statement of religious belief without words to that effect? Is the city "publishing" the statement by permitting it to be in the park? Is there intentional infliction of emotional distress upon others? Does the First Amendment protect against intentional infliction of emotional distress claims in the same manner it restricts libel claims? If the statement is one of asserted fact, is there an invasion of privacy? If the city was exposed to potential tort liability, is that a basis for refusing to let the monument be placed in the park? Can the list subscribers who are torts experts clarify anything in this regard? Thanks Jim Jim Maule Professor of Law, Villanova University School of Law Villanova PA 19085 [EMAIL PROTECTED] http://vls.law.vill.edu/prof/maule President, TaxJEM Inc (computer assisted tax law instruction) (www.taxjem.com) Publisher, JEMBook Publishing Co. (www.jembook.com) Owner/Developer, TaxCruncherPro (www.taxcruncherpro.com) Maule Family Archivist & Genealogist (www.maulefamily.com)
