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I hadn't known that history; fascinating.

The Wikipedia entry for cross burning indicates that it has been handled negatively in the last five years–that is, the act of cross burning was not protected as speech–and makes no mention of Brandenburg v. Ohio. That Wikipedia entry does not indicate that cross burning was a significant question at stake in the case, since the matter being decided was the constitutionality of the Ohio statute.

Admittedly, that's just a reading of Wikipedia and I have no training in law of any kind, but it doesn't seem as provocative as you put it.

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