Today in Supreme Court History: June 22, 1992

6/22/1992: R.A.V. v. City of St. Paul is decided.

Comments

[JoeFromtheBronx]

A minor (thus the initials to protect his privacy) along with other teenagers burned a cross on a black family's lawn.

This was clearly something that could be prosecuted but how the government went about it was allegedly problematic.

R.A.V. argued the law applied was overbroad (the law was not just applied to crosses and swastikas) and unconstitutionally content based ("race, color, creed, religion or gender").

Nine justices agreed, splitting 5-4 on the grounds. Scalia wrote the main opinion resting on the content-based approach.

Virginia v. Black later held that a carefully drawn law could single out cross burning.

[bye]

Complete lack of insight caused by living in gated communities where you are sure no one will do that on your lawn

There is no 2A involved, it is two separate things; a speech of hate against Blacks AND a malevolent violent and criminal hint that we just might kill you.

ALL MY NEIGHBORS WOULD SEE THIS.

IE One burns a cross to say what "I hate Blacks" can't say, namely "I am violent and you and your family better watch your back"