WASHINGTON (AP) -- A divided Supreme Court upheld a state ban on cross burning, ruling Monday that the history of racial intimidation attached to this symbol outweighs the free speech protection of Ku Klux Klansmen or others who might it.
A burning cross is an instrument of terror, and government should have the power to stamp out or punish its use, Justice Sandra Day O\'Connor wrote.
"The protections afforded by the First Amendment ... are not absolute," O\'Connor wrote for herself and four other justices.
Justice Clarence Thomas, the court\'s only black member, dissented, but made clear his reasons have nothing to do with protecting free speech rights of the Klan.
Thomas said the court didn\'t even have to consider the First Amendment implications because cross burning is clearly intimidation.
"Just as one cannot burn down someone\'s house to make a political point and then seek refuge in the First Amendment, those who hate cannot terrorize and intimidate to make their point," he wrote.
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