Perhaps I’ve over-stated by position, it’s not what is actually burnt, but it is how that effects other people. You have to say is this action an abuse of the system? Is prosecuting that person going to have more/less effect on their rights than on the rights of the peope being terrorized?
Basically you have to balance everything, if a prosecution or law has a more negative effect on liberties and QofL than postive effects then that law/prosecution is not worth it.
How am I wrong if you agree with what I wrote? 
MC, you have accomplished one thing - you have given me a headache. I realize now that I should have walked away when you first refused to provide any support for any of your assertions.
I have learned my lesson. Congratulations, Sir - you have helped defeat my ignorance.
Sua
You are wrong because I am always right whether you agree with me or not.
Good I see my evil communist/pink/liberal/leftist plan to cause brain tumours in right-wingers by bemusing them is working!!
But what I’m talking about is not the actual letter of law but how they are applied. The US-UK comparision is a good one as they have both been basically confronted with very simlair issues throughout the last 50 years and out of the countries I mentioned as having better free speech records (than the US), the UK is probably the worse. North Europe paralell persecution of communists was in no way as bad as McCarthyism, British screenwriters, actors, etc. who were blacklisted in Hollywood were still able to find work in England.
I have to respond to this…
MC, I am a liberal and a hard-core civil libertarian.
Sua
Back to the OP.
I have a question. Could the KKK use the arguement that burning crosses is part of their warped Christian belief system? I went to a KKK website (Ewwww…ick, I think I need to shower) to do some research on this and the KKK makes a big deal about being for ‘White Christians’. I didn’t stay long but it seems that the KKKers link racism with their ::cough cough:: Christian beliefs.
Could they argue that the law is not only a limit on free speech but also of religous speech?
Slee
I’ll go you one better. “That Jew David Strauss, ought to be driven out of his home.” is protected speech unless this speech is directed to inciting imminent lawless action and, what is more, is likely to produce such action.
Burning a cross at a private event is just as protected as a speech full of racial epithets at an event. They are both nasty and both speech.
Slee, you’re right about the religious angle. White Supremacists like to claim that they are “glorifying Christ” by burning the cross. It is often done on private property as a climax to their religious rituals. They will probably argue this very point to the SCOTUS. As disgusting as I think these people are, I think they have a right to practice their perverted little rituals on their own private property. (I just wish they wouldn’t involve children in that garbage)
Diogenes the Cynic,
It’s kinda nice to know my question seems to be valid. What suprised me is that I was the first person to bring it up.
I have another question. From what I read the KKKers did not bring this up in court. Can they now bring it up in front of the SCOTUS?
Slee
Slee
IANAL, but my guess is that they will since the the Virginia law explicitly forbids burning a cross with the intent to intimidate. Proving that intent is the crux of the matter. If the defendant go show another intent (e.g. religious) they probably have a chance to win. I think that the SCOTUS may rule that law, as stated (cross burning as intimidation) is constitutional, but will also rule that cross burning per se, (i.e. with no intent to intimidate) is protected under the 1st amendment.
Of course I AM talking out of my ass, here. I know about religion not the law. Hopefully some of our legal eagles can expound upon the religion angle.
… and another link with a little information about how the questioning went and what some of the mighty-robed-ones said during argument is right here (Findlaw article).
There are circumstances in which proper protocol calls for a flag to be burned:
My flag is old and ready to be retired. What should I do?
Section 8k of the Flag Code (see below) states, “The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.” We recommend that you contact your local VFW Chapter and ask them for help properly disposing of your flag. And be sure to consider providing a small donation to them for their assistance. Or you can contact your local Elks Lodge (who created the idea of Flag Day, established officially by President Truman, himself a member of the Elks) or the American Legion.