Site icon JONATHAN TURLEY

First Amendment Issue: When is a Noose a Crime?

I used to live in Alexandria Louisiana and I can certainly attest to a few throw backs and racists in that part of the country. However, the arrests yesterday of an adult and a minor for dangling nooses off the back of a pick-up truck raises some very serious first amendment issues. In the controversy over the Jena, La. cases, police appear to have attacked quickly to make the arrest. However, a noose is a symbol of expression for bad or good. It should be protected speech. The case could return the courts to the question of when a burning cross can be prosecuted as hate speech — a very controversial matter recently ruled upon by the Supreme Court (in upholding criminal prosecution for a cross burning on private property).

For the picture of the nooses and the full story, click here

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