State v. Sheldon

MURPHY, Chief Judge.

A Maryland statute requires those who wish to burn crosses or other religious symbols to do two things: (1) secure the permission of the property owner where the burning is to occur and (2) notify the local fire department before engaging in the burning. The issue in this case is whether Maryland’s “cross burning” law is constitutional.

I

On October 17, 1991, Brandon Forrest Sheldon ignited a cross on the property of Harry Smith and his family, who are black. Sheldon had not obtained permission to burn the cross on Smith’s Prince George’s County premises, nor had he notified…