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The issue then came forth as to the constitutionality of the ordinance. The trial court ruled the statute was overly broad and content based. However, the State Supreme Court overturned the lower courts decision concluding that cross burning was "fighting words" and that the city statute provided a "compelling government interest in protecting the community against bias-motivated threats to public safety and order...

Supreme Court where the defense, in favor of the State, argued that hate speech "is not a political statement, or even a cowardly statement of hatred. It is the first step in an act of assault. It can be no more protected than holding a gun to a victim['s] head. It is perhaps the ultimate expression of 'fighting words...

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