megyn: there was a display of the ten commandments on public ground and they upheld that. >> in the supreme court itself inside the 10 commandment, on our money, faith in god. the religious symbols on there. there is religious statements. there are certain exceptions made because they don't amount to endorsement. that's the key thing. in this instant was the knights of columbus who sponsored it. i don't think it said that on a particular sign. but it also does not say the city of pitman endorsed the sign. there is no indication -- megyn: let me ask you this, mark. what can a city like pitman do if it wanted to avoid these challenges but still wanted to display that banner in a prominent way? >> affix it to a private building and have nothing to do with it.