in an 8-1 decision, the justices affirmed a Virginia Supreme Court ruling that held the state law making cross-burning with intent to intimidate a criminal offense is unconstitutional because the statute contains a provision that the simple act of burning the cross is prima facie proof of intent to intimidate. Virginia v. Black, No. 01-1107. The justices held, however, that cross-burning with intent is not protected by the First Amendment and may be banned by state law.
August 04, 2003 at 12:00 AM
1 minute read
The original version of this story was published on National Law Journal
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