People v. Steven S.

Opinion

CHIN, J.—

I. Introduction

This appeal challenges the constitutionality of a statute making it a crime to burn a cross on the private property of another for the purpose of terrorizing the owner or occupant or in reckless disregard of that risk. We uphold the statute, concluding it is neither overbroad nor vague, is not an impermissible content-based prohibition on speech, and does not violate equal protection.

II. Facts and Procedure

Steven S. participated in an incident of cross burning involving two sets of neighbors—the Fosters and the Hepburns—in the Humboldt County town of Manila.

Ernes…