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Virginia v. Black: Difference between revisions
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|date=April 7, 2003 | |date=April 7, 2003 | ||
|subject=First Amendment | |subject=First Amendment | ||
|appealed_from=Supreme Court of Virginia | |||
|case_treatment=No | |case_treatment=No | ||
|facts=A Virginia statute made cross-burning a ''prima facie'' evidence of the intent to intimidate with a racial bias. | |facts=A Virginia statute made cross-burning a ''prima facie'' evidence of the intent to intimidate with a racial bias. | ||
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Black (a Ku Klux Klan member) burned a cross on private property with the consent of the owner in Virginia. | Black (a Ku Klux Klan member) burned a cross on private property with the consent of the owner in Virginia. | ||
|procedural_history=Black was criminally convicted of intent to intimidate because the jury instruction was that cross-burning itself established the intent to intimidate. | |procedural_history=Black was criminally convicted of intent to intimidate because the jury instruction was that cross-burning itself established the intent to intimidate. | ||
The Supreme Court of Virginia overturned Black's conviction. | |||
|issues=Is cross-burning constitutionally protected under the [[First Amendment]] despite being a KKK practice or is cross-burning a true threat that may be legally restricted? | |issues=Is cross-burning constitutionally protected under the [[First Amendment]] despite being a KKK practice or is cross-burning a true threat that may be legally restricted? | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
Revision as of 15:44, January 7, 2023
| Virginia v. Black | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | April 7, 2003 |
| Appealed from | Supreme Court of Virginia |
Facts
A Virginia statute made cross-burning a prima facie evidence of the intent to intimidate with a racial bias.
Black (a Ku Klux Klan member) burned a cross on private property with the consent of the owner in Virginia.Procedural History
Black was criminally convicted of intent to intimidate because the jury instruction was that cross-burning itself established the intent to intimidate.
The Supreme Court of Virginia overturned Black's conviction.Issues
Is cross-burning constitutionally protected under the First Amendment despite being a KKK practice or is cross-burning a true threat that may be legally restricted?
