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STATE v. SHELDON

No. 9, September Term, 1993.

332 Md. 45 (1993)

629 A.2d 753

STATE OF MARYLAND v. BRANDON FORREST SHELDON AND THOMAS COLE.

Court of Appeals of Maryland.

August 27, 1993.

Attorney(s) appearing for the Case

Gary E. Bair, Jr., Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for petitioner.

Nancy S. Forster, Asst. Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for respondent.

Susan Goering, Baltimore, for American Civil Liberties Union of Maryland; Arthur B. Spitzer, Washington, DC, American Civil Liberties Union of the National Capital Area; Curtis L. Culberson and Jeanine Poltronieri, Patton, Boggs & Blow, Washington, DC, for amicus curiae.

Before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

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...

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