The prima facie evidence provision in this case ignores all of the contextual factors that are necessary to decide whether a particular cross burning is intended to intimidate. The First Amendment does not permit such a shortcut.
Sandra Day O'ConnorI don't think it's the court's perceived role to do some explaining of a political nature.
Sandra Day O'ConnorYou have citizens who don't understand how government works and they're kind of soured on it. All they do is criticize. They have no idea that they can make things happen.
Sandra Day O'ConnorThe purpose prong of the Lemon test requires that a government activity have a secular purpose. That requirement is not satisfied, however, by the mere existence of some secular purpose, however dominated by religious purposes... The proper inquiry under the purpose prong of Lemon, I submit, is whether the government intends to convey a message of endorsement or disapproval of religion.
Sandra Day O'Connor