Art Posted April 7, 2003 Share Posted April 7, 2003 Those right-wing crazies overturned a lower court's ruling, and upheld a state law in Virginia that says burning a cross is not protected speech under the First Amendment. Thomas, surprisingly, was in the minority opinion, but only because he said it wasn't a First Amendment issue at all in the first place. I bring this case to the attention of the lefties here for two reasons. Why on earth would left-leaning court members want to grant this type of thing as protected speech? Is it because they know this ruling will eventually extend to protestors who disrupt city functions? Link to comment Share on other sites More sharing options...
JimboDaMan Posted April 7, 2003 Share Posted April 7, 2003 Perhaps because they truly believe in free speech? Possibly its because they understand this is about fundamental principles and not whatever they "want to grant"? Link to comment Share on other sites More sharing options...
AJWatson3 Posted April 7, 2003 Share Posted April 7, 2003 while i disagree with cross-burning because of the historical significance i believe it is a form of free speech, just like flag-burning. i don't understand why you think this will be "eventually extended to protestors who disrupt city functions." they seem like two very different issues. are the left-leaning justices in favor of this because they are part of that group of protesters who want to overthrow the whole system and install a new form of government? something along those lines as the war protesters have been called?? Link to comment Share on other sites More sharing options...
fansince62 Posted April 7, 2003 Share Posted April 7, 2003 wait a minute...I thought cross-burning was unacceptable because of the sensitivities of large swaths of the population...we're changing the story now? help me...I'm confused.... Link to comment Share on other sites More sharing options...
AJWatson3 Posted April 7, 2003 Share Posted April 7, 2003 people's sensitivity to things shouldn't make them illegal. just because I don't like something doesn't mean it should be illegal. Link to comment Share on other sites More sharing options...
JimboDaMan Posted April 8, 2003 Share Posted April 8, 2003 wait a minute...I thought cross-burning was unacceptable because of the sensitivities of large swaths of the population Cross-burning IS unacceptable, it just shouldn't be illegal. I'd hold cross-burning in somewhat the same light as flag-burning. Both detestable, both should be constitutionally allowable, and in both cases those who practice it should expect to get their arses kicked. Link to comment Share on other sites More sharing options...
tex Posted April 8, 2003 Share Posted April 8, 2003 Cross burning serves no purpose other than to spread hate. They have it right, it's not free speech. Oddly, Thomas is also right because his position does not link the act with speech so it cannot enjoy protection under the amendment. Link to comment Share on other sites More sharing options...
gbear Posted April 8, 2003 Share Posted April 8, 2003 Oh for heavens sake...tell the whole story not just the headline. Cross burning was still protected as free speach, but not when it's used in such a way as to threaten. That's why the law was allowed to apply to the guy who burned the cross on another guys lawn, but the conviction of the kkk for burning a cross at a ralley was thrown out. As an interesting side note, both the liberals and conservatives of the court appeared split on this. OConnor, Scalia, Stevens, Breyer, and Rehnquist make an odd coalition on anything that isn't a unanimous decision. Link to comment Share on other sites More sharing options...
Kilmer17 Posted April 8, 2003 Share Posted April 8, 2003 I saw that too gbear. My old Judicial Theory professor is probably stammering through an explanation as we speak. Link to comment Share on other sites More sharing options...
joe Posted April 8, 2003 Share Posted April 8, 2003 Are there any real far leftest still on the court? I don't think so. Link to comment Share on other sites More sharing options...
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