Then his lawyer was a jackass, or the judge was. Probably both.
Such a law, and sentence, is
prima facie contrary to the opinion in
Texas v. Johnson.
It should be rather obvious why one can burn a flag, and be protected, thus unimaginable that waving a noose is somehow a sanctioned thought crime, however imaginary the pretended offense.
It doesn't pass the common sense test or the Kitty Litter Box Smell Test: a turd of a law is a turd is a turd. You can't gold-plate it, and there's no clean end that can safely be picked up.
And when you have Mr. Justice Scalia in the majority opinion alongside the likes of Brennan and Thurgood Marshall, you've totally jumped the shark trying to prosecute "hate crimes", or any other class of imaginary offenses.
Next they'll sanction murder charges for dirty looks, and as I stated previously, if I'm going to be hung as a murderer anyways, I'm going to do my damnedest to live up to the charge, and heaven help the slow and clumsy.
"There are four types of homicide: felonious, accidental, justifiable, and praiseworthy." -Ambrose Bierce, "The Devil's Dictionary"