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http://ssrn.com/abstract=1169703
 
 

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O Say, Can You See: Free Expression by the Light of Fiery Crosses


Jeannine Bell


Indiana University Maurer School of Law

2004

Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 39, No. 2, 2004
Indiana Legal Studies Research Paper No. 259

Abstract:     
This Article presents a comprehensive, context-based theory which both places cross burning in its proper doctrinal framework and recognizes the history of cross burning as one of Ku Klux Klan-inspired terrorism directed at African Americans. The author prefaces critical commentary on the Supreme Court's decision in Virginia v. Black with analysis of the full landscape of cross burning cases including another issue to which others have paid little attention - the ways in which state courts have negotiated First Amendment challenges to cross burning statutes. Thoroughly examining cross burning from each of these perspectives, the Article argues that cross burning should be treated as hate crime, which may be prosecuted, rather than as constitutionally protected hate speech.

Number of Pages in PDF File: 56

Keywords: First Amendment, cross burning, race, integration, hate crime, hate speech, minority rights, extremists, racism, Ku Klux Klan, Virginia v. Black

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Date posted: July 23, 2008 ; Last revised: July 12, 2013

Suggested Citation

Bell, Jeannine, O Say, Can You See: Free Expression by the Light of Fiery Crosses (2004). Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 39, No. 2, 2004; Indiana Legal Studies Research Paper No. 259. Available at SSRN: http://ssrn.com/abstract=1169703

Contact Information

Jeannine Bell (Contact Author)
Indiana University Maurer School of Law ( email )
211 S. Indiana Avenue
Bloomington, IN 47405
United States
812-856-5013 (Phone)
812-855-0555 (Fax)
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