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Virginia v. Black
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| 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?
Case Text Links
