Congressional Digest

Supreme Court Debates February 2003 No. 2 Vol. 6
Commonwealth of Virginia

Cross Burning

First Amendment Protection of Intimidating Speech

Commonwealth of Virginia

Petitioner

William H. Hurd, Counsel of RecordIn 1952, due to increased activity by the Ku Klux Klan, the Virginia State Legislature passed a law prohibiting the burning of crosses with the "intent to intimidate any person or group of persons" on another person’s property. It was later expanded to include cross burning in any public place and allow law enforcement to assume that any such act is prima facia evidence of intent to intimidate. The law remained in force until the Virginia State Supreme Court on November 2, 2001, ruled it an unconstitutional violation of the First Amendment to the U.S….

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