Actually, thanks to Scalia freedom of speech is alive and well. While I cannot burn your flag, and you cannot burn my flag, we can each burn the flag we do own as long as it does not endanger the public by doing so.
While you & I find the act reprehensible is does fall under the freedom of speech protected by the 1st amendment.
Perhaps you can help direct me to the case you are referring to that Scalia said that the confederate flag was hate speech, because I am drawing a blank on that one to be honest.
I don't know that they have a decision but it is hate speech never the less and if you do it and get the crap beat out of you no one will charge the ones doing the beating.
As far as the Flag burning decision it stinks, so we will never agree on that. He could just as easily seen it as incitement to riot and ended it.