U.S.

Government & Politics

Foundations of U.S. Government > Living Constitution > Amendments >
Amendment I - Religion, Speech, Press, Assembly, Petition (1791)

Is Cross Burning a Hate Crime or Protected by Free Speech?

http://www.icue.com/portal/site/iCue/chapter/?cuecard=2401

General Information

Source: NBC Today Show Resource Type: Video News Report

Creator: Faith Daniels/Bob Kur Copyright: © NBC Universal, Inc.
Event Date: 12/04/1991 Copyright Date: 1991
Air/Publish Date: 12/04/1991 Clip Length 00:01:33

Description
The Supreme Court hears a case concerning the constitutionality of a Saint Paul, Minnesota ordinance
outlawing cross burning. The Court would later rule in an unanimous decision that the ordinance is
unconstitutional because it outlaws protected and unprotected speech alike.

Keywords
Cross, Burnings, Hate, Crimes, Constitution, First Amendment, 1st Amendment, Symbolic, Protected,
Speech, Freedom of Speech, Free Speech, Expression, Supreme Court, SCOTUS, Case, Hearing,
Arguments, Racism, Laws, Russ Jones, Laura Jones, St. Paul, Minnesota, R.A.V. v. St. Paul, 505 U.S. 377
(1992)

Transcript
Is Cross Burning a Hate Crime or Protected by Free Speech?
FAITH DANIELS, anchor:
The Supreme Court today hears arguments on whether cross burnings and other hate crimes are protected
forms of free speech. As Bob Kur reports, the case stems from an incident last year in Minnesota.
BOB KUR reporting:
When Russ and Laura Jones woke up in the middle of the night, they could not believe what they saw.

© 2008 NBC Universal, Inc. All Rights Reserved. Page 1 of 3

Mr. RUSS JONES: And when I looked out the window, I saw this--this thing burning in my yard, and
immediately, you could tell it was in the shape of a cross.
KUR: A nightmare come to life for Jones, his wife and five children, the first blacks to move to this white
working class neighborhood in Saint Paul. The county attorney could have brought any number of charges
against the perpetrators, but chose to use a specific law in Saint Paul that forbids such hate crimes.
Mr. TOM FOLEY (Ramsey County Attorney): We have a compelling interest in—in passing laws of this
type just to say that we're not going to tolerate this type of terroristic activity in our community.
KUR: Today, the defense attorney will try to convince the Supreme Court that cross burning is
Constitutionally protected as freedom of speech.
Mr. ED CLEARY (Defense Attorney): You cannot use a law that simply is so broad that it affects all
kinds of other people's right to express themselves.
KUR: Last year, the Supreme Court ruled that flag burning was a symbolic form of free speech. But for
Laura Jones, cross burning is not symbolic, it's a crime.
Ms. LAURA JONES: It's a threat, a direct threat, where you expect violence afterwards.
KUR: Bob Kur, NBC News, Washington.

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