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Eleven years after the St. Paul case, the U.S. Supreme Court revisited the issue of cross-burning after three people were arrested separately for violating a similar Virginia ban.
In a 5-4 ruling written by Justice Sandra Day O'Connor, the Supreme Court held that while cross-burning may constitute illegal intimidation in some cases, a ban on the public burning of crosses would violate the First Amendment.
"[A] State may choose to prohibit only those forms of intimidation," O'Connor wrote, "that are most likely to inspire fear of bodily harm." As a caveat, the justices noted, such acts can be prosecuted if the intent is proven, something not done in this case."
