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TUESDAY, APRIL 8, 2003

The Supreme Court on Monday upheld the right of states to ban cross burning although the decision may take some explaining.

Justice Sandra Day O'Connor wrote the majority opinion which said such bans aren't necessarily a violation of the First Amendment as long as they are drafted properly. The vote was 6-3 on these grounds, with Justices Anthony M. Kennedy, David Souter and Ruth Bader Ginsburg dissenting on free speech grounds.

At the same time, the court said the Virginia law at issue was unconstitutional on other grounds. The vote was 7-2 with all but Justices Clarence Thomas and Antonin Scalia agreeing.

Thomas, the only African-American on the court, wrote separately to agree that the state has a right to ban cross burning but his interpretation was not based on constitutional grounds. "In every culture, certain things acquire meaning well beyond what outsiders can comprehend. That goes for both the sacred," he wrote, "and the profane. I believe that cross burning is the paradigmatic example of the latter."

Scalia wrote separately to agree with the court's judgment but to disagree with the analysis.

Get the Story:
State Bans on Cross Burning Upheld (The Washington Post 4/8)
States Can Outlaw Burning of Crosses, Justices Rule (The New York Times 4/8)
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Get the Decision:
Syllabus | Opinion [O'Connor] | Concurrence [Stevens] | Dissent [Thomas] | Other [Scalia] | Other [Souter]

Related Stories:
Thomas breaks Supreme Court silence (12/12)
Supreme Court takes cross-burning case (05/29)