Ban on Cross Burning Upheld by SCOTUS

An interesting 5-4 decision that transcends the liberal-conservative ideological divide on the Court. In his dissent to upholding the ban, Justice Clarence Thomas, made clear his reasons have nothing to do with protecting free speech rights of the Klan.

Thomas said the court didn't even have to consider the First Amendment implications because cross burning is clearly intimidation.

"Just as one cannot burn down someone's house to make a political point and then seek refuge in the First Amendment, those who hate cannot terrorize and intimidate to make their point," he wrote.

"In our culture, cross burning has almost invariably meant lawlessness and understandably instills in its victims well-grounded fear of physical violence," Thomas said.