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….