The U.S. Supreme Court refused to hear an appeal regarding five protesters who were arrested by Cleveland police when they burned the Indians mascot ?Chief Wahoo? in effigy back in 1988. The Ohio Supreme Court ruled in December that the burning itself was not illegal. Strong winds and high flames turned the burning into a safety hazard, the justices said in a 5-2 decision. That ruling was appealed to the U.S. Supreme Court. "This is a tremendous blow to free speech," Terry Gilbert, the protesters' lawyer, said Monday after learning of the U.S. Supreme Court's decision.