A law for every distasteful thought

This wasn't supposed to happen here

[Reprinted from Issues & Views January 28, 2002]

Will they never cease doing end runs around the Constitution? In two separate cases, the states of Texas and Maryland have already committed the outrageous act of granting 10-year prison sentences to young white men who foolishly burned crosses on the properties of blacks. Certainly, these men are not serving time in jail for having burned some pieces of wood, so the states must be punishing them for the supposed thoughts in their heads, as each committed his "crime."

Now, here come politicians in the state of Virginia eager to impose similar laws that are blatantly unconstitutional. From the Virginian-Pilot (1/16/02), we learn:

Five local lawmakers have proposed a new, wider law aimed at criminalizing cross burning, just months after the Virginia Supreme Court struck down a 50-year-old state law that made the activity illegal. The proposal avoids the term ``cross burning,'' which the Virginia Supreme Court in November ruled is a protected form of speech under the First Amendment. The proposal, in the form of five identical bills, broadens the state law to make it a felony to burn any object on property with the intent to intimidate. . . .

Free speech advocates argue that cross burning, however offensive, should be constitutionally protected. A 1952 state law prohibiting cross burning made the offense punishable by up to five years in prison. A similar law in Minnesota was struck down by the U.S. Supreme Court 10 years ago. . . .

Kevin Martingayle, a Virginia Beach lawyer who represented one of the defendants in a cross-burning case, said the new bill addresses part of the constitutional problems, but ``it's not going to be a panacea. It's very difficult to create a constitutionally sound hate crime legislation, especially when it comes to expressions. It can't be used as a muzzle for every distasteful thought.''

The bills--HB1005, HB1059, HB1173, SB111 and SB410--are expected to start moving through the legislature this week.

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