Congressional Digest

Supreme Court Debates February 2003 No. 2 Vol. 6
Before the Court

Cross Burning

First Amendment Protection of Intimidating Speech

Before the Court

The Justices Weigh in During Oral Arguments

At 10:02 a.m. on December 11, 2002, the U.S. Supreme Court heard oral arguments for case number 01-1107, Commonwealth of Virginia v. Barry Elton Black, et al. At 11:03 a.m., arguments concluded and the case was submitted for judgment. Following are excerpts from the arguments of William H. Hurd, attorney for the Petitioner, and Rodney A. Smolla, attorney for the Respondents. Questions are presented from the nine Supreme Court justices. Argument on Behalf of the Commonwealth of Virginia QUESTION: I thought the key here is that this is not just speech. It’s action that is intended to convey a message….

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