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Supreme Court Hears Cross-Burning Case

The Supreme Court is hearing oral arguments today in the Virginia cross-burning case.

The issue is whether burning a cross on your front lawn is protected symbolic free speech or illegal intimidation. Virginia, backed by the Bush Administration, says that it is illegal intimidation:

"The Bush administration, siding with Virginia, argued that cross burning "has a particularly strong association with acts of vigilantism and violence. "A person has no First Amendment right to burn a cross in order to intimidate others, whether or not he also intends to express an idea or philosophy," Solicitor General Theodore Olson told justices in court papers."

In the past, the high Court has been protective of the free speech rights of even the most controversial groups, such as "flag-burners, adult entertainers, people who display swastikas and those who set crosses ablaze."

Providing an opposing point of view is "John Whitehead, president of the generally conservative Rutherford Institute in Charlottesville, Va., who said in court filings that states may not limit controversial speech just because of concerns about the public reaction to that speech."

Twelve states have laws prohibiting cross-burning which could be affected by the decision in the Virginia case.

< On the Rakoff Death Penalty Reversal | Challenging Convictions In Virgina >
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