The Supreme Court ruled that states reserve the right to make it a crime to burn a cross, when the purpose is to intimidate. The decision gives the burden of proof to prosecutors; they must prove that the act was intended as a threat and not as a form of symbolic expression.
Justice Sandra Day O’Connor said cross burning is “a particularly virulent form of intimidation.” Given its notorious history, cross burning could be treated differently than burning, say a circle or a square, according to the majority of justices.
(via New York Times)
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