Cross Burning, Hate Speech, and Free Speech in America
Edward J. Eberle · Roger Williams University - Digital Commons (Roger Williams University) · 2004
Cross burning remains a persistent problem in America and a difficult issue for a theory of free speech.Cross burning is a difficult problem for the country because it is a vestige of our history of slavery and apartheid.While slavery officially ended in 1863' and constitutionally in 1865,2 apartheid continued another 100 years, ending only during the 1960s when the Warren Court dismantled its formal structure.'Burning a cross is a reminder that some Americans yet believe in white supremacy, racial persecution, or ethnic hatred.Burning a cross is a "symbol of hate," as the Supreme Court recently observed.4 Cross burning is hate speech.Cross burning is hate speech because it conveys a message of hate, a hatred based on racial identity.'Cross burning does not convey a pleasant message; it is a vile statement and an affront to our sense of justice.But it is a message all the same.And because it is a message, cross burning merits consideration as to whether it is protected speech.It would be nice simply to wash the vileness away, as if cleansing the social fabric could restore some element of justness.But social reality is never so simple, and censorship of any idea is problematic for a system of freedom of expression.