Did you really compare burning a cross to burning the flag? Jesus.
Burning a cross carries A LOT of connotation for violence. It ain't even the same ballgame.
I think they’re comparable but it’s important to note the differences. I know I’m about to get a lot of “OF COURSE THE ATHIEST BURNS CROSSES” for the point I’m about to try to make but that’s fine.
The default for any form of speech, including burning any symbol, should be legal. Flag, cross, Quran, menorah, effigy of Kamala Harris, whatever. So a bunch of stupid Klaners building a cross on their land and gathering around it while it burns should be legal. A bunch of people burning a Quran at a protest over (insert the reason your side doesn’t get along with Islam here) should be legal. Burning an American flag at a protest over American foreign policy should be legal. I think all those things are stupid and judge anyone who does them, which is my right, but they should be legal,
It crosses the threshold when it’s used to harass and intimidate individual people. Burning a cross outside a black family’s house to get them to move? Harassment. Burning an American flag outside, I don’t know, a veteran’s house to try and get them to move? Harassment.
To me, and I believe legally, that’s the difference.