The Ohio Ku Klux Klan applied to the Capitol Square Review and Advisory Board (defendant) of the city of Columbus, Ohio, for a permit to erect a cross on the grounds surrounding the state capitol building. The board denied the permit and Pinette (plaintiff), as president of the Ohio Klan, filed suit for an injunction ordering the board to issue the display permit. The district court denied the injunction and Pinette appealed. The court of appeals reversed the district court decision and granted the injunction. The Advisory Board petitioned the Supreme Court for review.