Lower Court Holding
Decision of the Virginia Supreme Court
In these appeals, we consider whether Code Section 18.2-423, which prohibits the burning of a cross with the intent of intimidating any person or group of persons, impermissibly infringes upon constitutionally protected speech. We conclude that, despite the laudable intentions of the General Assembly to combat bigotry and racism, the selectivity of its statutory proscription is facially unconstitutional because it prohibits otherwise permitted speech solely on the basis of its content, and the statute is overbroad. The Cross-Burning Statute Code Section 18.2-423, the cross-burning statute, provides that: It shall be unlawful for any person or persons, with the intent of…
