Cross burning is quite literally an inflammatory act that can be both intimidating and provocative. The town of Urbanitas wants to prevent such a hateful expression, so it passes a law prohibiting expression that arouses anger or resentment based on race, color, creed, religion or gender. According to Supreme Court precedent, such an ordinance would be a constitutional means of balancing between free expression rights and the civil rights of those who are bothered by it.

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Cross burning on a victim's own property can be outlawed, as can specific acts of intimidation, but a broad law like those in Minnesota and Virginia will be struck down as going too far.

Cross Burning Is Quite Literally an Inflammatory Act That Can