In both R.A.V.v.St.Paul and Virginia v.Black,the U.S.Supreme Court held that cross-burning is such a harmful category of speech that it may be banned or punished by government.

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In R.A.V. v. St. Paul, the Supreme Court struck down an ordinance banning cross-burning, citing it as content-based discrimination against speech. In Virginia v. Black, the Court held that cross-burning could be considered a form of intimidation and thus could be banned, but only when intended to intimidate, not as a blanket prohibition.

In Both RA Both