The Bladensburg Peace Cross Case

November 29, 2018


This episode explores the Supreme Court case The American Legion v. American Humanist Association, which concerns a lawsuit over the possible demolition of a 40 foot tall cross that is part of a World War I memorial on public property in Maryland. Lawyers representing both sides —  Ken Klukowski and Monica Miller — explain the history of the cross at issue, debate whether or not it unconstitutionally promotes Christianity, and forecast the case’s potential impact on how the First Amendment’s Establishment Clause is interpreted. Jeffrey Rosen hosts.


Note: An early transcript of the podcast is linked here. This text may not be in its final form, accuracy may vary, and it may be updated or revised in the future.


Ken Klukowski represents the American Legion in the Bladensburg cross case on behalf of First Liberty, where he is senior counsel and director of strategic affairs. He is also senior legal editor for Breitbart News Network and previously served as team leader for the Constitutional Rights Team on the Presidential Transition Team of President Trump.

Monica Miller is counsel of record in the case for the American Humanist Association where she is Senior Counsel. Since joining the AHA in 2012, Miller has litigated numerous establishment clause cases, and is a frequent media commentator.

​​​​​​Jeffrey Rosen is the President and Chief Executive Officer of the National Constitution Center, the only institution in America chartered by Congress “to disseminate information about the United States Constitution on a nonpartisan basis.” 

Additional Resources

Our Interactive Constitution is the leading digital resource about the debates and text behind the greatest vision of human freedom in history, the U.S. Constitution. Here, scholars from across the legal and philosophical spectrum interact with each other to explore the meaning of each provision of our founding document. 

Today’s show was engineered by Kevin Kilbourne and produced by Jackie McDermott. Research was provided by Lana Ulrich and Jackie McDermott.

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