Legal Opinion
Virginia v. Black
Supreme Court of the United States
Decided April 7, 2003No. 01-1107PublishedCited by 910 opinions
1Judgment of the CourtJustice O’Connor
In this case we consider whether the Commonwealth of Virginia’s statute banning cross burning with “an intent to intimidate a person or group of persons” violates the First Amendment. Va. Code Ann. §18.2-423 (1996). We conclude that while a State, consistent with the First Amendment, may ban cross burning carried out with the intent to intimidate, the provision in the Virginia statute treating any *348cross burning as prima facie evidence of intent to intimidate renders the statute unconstitutional in its current form.
I
Respondents Barry Black, Richard Elliott, and Jonathan O’Mara were convicted…
2Cases cited23 opinions
- Brown v. Board of EducationSupreme Court of the United States · 1954
- United States v. O'BrienSupreme Court of the United States · 1968
- Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- New York v. FerberSupreme Court of the United States · 1982
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3Cited by910 opinions
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- Morse v. FrederickSupreme Court of the United States · 2007
- Menotti v. City of SeattleCourt of Appeals for the Ninth Circuit · 2005
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