RE, the Illinois Supreme Court ruled in Village of Skoke v. National Socialist Party of America 69 Ill. 2d 605 (1978) overruled the appellate court stating “The display of the swastika, as offensive to the principles of a free nation as the memories it recalls may be, is symbolic political speech intended to convey to the public the beliefs of those who display it. It does not, in our opinion, fall within the definition of “fighting words,” and that doctrine cannot be used here to overcome the heavy presumption against the constitutional validity of a prior restraint.” in Virginia vs. Black 538 U.S. 343 (2003), SCOTUS ruled that cross burning is permitted unless it is proved that the burners intended to intimidate rather than merely express an opinion.
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