In R.A.V. v. St. Paul (1992), the Court, citing violation of the First
Amendment, overturned a rule that made it a crime to use a burning cross to
intimidate others.
Terminiello v. Chicago (1949) overturned on First Amendment grounds a
disorderly conduct conviction against a suspended Catholic priest for
making inflammatory public comments.
The decision in Village of Skokie v. National Socialist Party of America,
373 N. E. 2d 21 (Ill. 1978) would set the foundation for later hate speech
cases.
Virginia v. Black (2003) upheld a statute making it illegal to burn a cross
in public to intimidate others. Cross burning was a true threat unprotected
by the First Amendment.
Wisconsin v. Mitchell (1993) said a hate crime law that allowed enhanced
punishment in crimes motivated by the victim’s race or other factors did
not violate the First Amendment.
