"Whoever places on public or
private property a symbol, object, appellation, characterization or
graffiti, including, but not limited to, a burning cross or Nazi
swastika, which one knows or has reasonable grounds to know arouses
anger, alarm or resentment in others on the basis of race, color,
creed,
religion or gender commits disorderly conduct and shall be guilty of a
misdemeanor."
Fighting Words Category
Words addressed to a specific person in a face-to-face exchange, such as personal insults or ephitets, which words by their very utterance are likely to cause the average addressee to respond with violence in response to the words.
Hypothetical Statute (as
discussed
by Justice Scalia) in R.A.V.:
Whoever in a face-to-face
exchange
directs an insult or epithet at a specific person which insults that
person based on their race, color, creed, religion or gender and which
insult is likely to cause the average person who is the target of that
insult to react violently shall be guilty of a misdemeanor.
Hypothetical Sentence
Enhancement Scheme
(a) Whoever in a face-to-face
exchange
directs an insult or epithet at a specific person which
insult is likely to cause the average person who is the target of that
insult to react violently shall be punishable
by a jail term of up to one year.
(b) If
the insult or epithet is motivated by the person's
race, color, creed, religion or gender the maximum penalty for the
offense shall be enhanced by two years up to a maximum of three years
of incarceration.
Hypothetical St. Paul Cross
Burning Ordinance:
It shall be unlawful for any
person or persons, with the intent of intimidating any person or group
of persons, to burn, or cause to be burned, a cross on the property of
another, a highway or other public place.