Constitutional Law
May 16, 2003
Cross Talk
Forum Column - By Erwin Chemerinsky - Few symbols are so vile as the burning cross. Throughout American history, bigots have used cross burning to express racial hatred and to intimidate. Therefore, it is understandable that states, especially Southern states with a history of racism, would attempt to outlaw cross burning. But can the government deem any symbol so beyond the pale as to be completely outside the scope of the First Amendment?
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
By Erwin Chemerinsky
Few symbols are so vile as the burning cross. Throughout American history, bigots have used cross burning to express racial hatred and to intimidate. Therefore, it i...
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