I'm guessing the Court will declare the law unconstitutional because it is overbroad. Cross burning in your own yard will be seen as flag burning is. While certainly identifiable with hate crimes, does the simple act of cross burning mean you're intending to intimidate another race. The criminal statute in that state will need to reworded.
Let's assume I go out and burn a cross in my own yard, just because I wanted to do it. Now I get arrested and convicted of cross burning, when I had no criminal intent whatsoever. (And please don't ask me why would I go out and burn a cross, because I wouldn't. I was just making an example.)
That's the problem with those statutes. They are overbroad and regulate many acts that are not necessarily criminal.
That's just my guess at what will happen. I hope I'm wrong.
