IÂ’m glad the Supreme Court stayed out of this one. The conviction here is appropriate, and highlights a bright line that exists in free speech cases.

The U.S. Supreme Court refused yesterday to hear an appeal from a Utah man convicted of violating the civil rights of an interracial couple by burning a cross in their yard.

Michael Brad Magleby, 33, is serving a dozen years at a federal prison in Fort Worth, Texas, according to the U.S. Bureau of Prisons.

The justices, without comment, turned away Magleby's arguments that his conduct was protected by the First Amendment and wasn't threatening.

In September 1998, Magleby and a juvenile companion made a wooden cross, doused it with gasoline and then set it afire on the lawn of a Salt Lake City couple.

An all-white jury found Magleby guilty in 1999 of conspiring to violate the civil rights of Ronald Henry, who is black, and then-wife Robyn Henry, who is white. Magleby was also convicted of interfering with the right to occupy a dwelling free of intimidation because of race; witness tampering; and creating a fake alibi.

It is really very simple – burn your cross on your property and you are fine. Burn one on someone else’s property without their permission, and you rightly go to jail.

Posted by: Greg at 11:42 AM | No Comments | Add Comment
Post contains 220 words, total size 1 kb.