“It’s only considered to be a public square if a court rules that it is, and no court has made that ruling yet, so legally, it is not. Perhaps that will change in the future, but for now they have no such obligation.”
I think you forgot the concept of separate-but-equal branches of government. Congress writes and passes the laws ,sometimes with the Executive, and the the Courts enforce them or rule them unconstitutional. Congress has the absolute authority and ability to define by law what the public square is without any input from the courts until after the law is passed.
“I think you forgot the concept of separate-but-equal branches of government.”
I think not.
“Congress writes and passes the laws ,sometimes with the Executive, and the the Courts enforce them or rule them unconstitutional. Congress has the absolute authority and ability to define by law what the public square is without any input from the courts until after the law is passed.”
Sure, and Congress already wrote the laws and left it ambiguous and up to the courts to determine how to interpret that phrase in specific situations.