Is Cross Burning Protected Speech?
Virginia v. Black On Wednesday, the U.S. Supreme Court heard oral arguments in Virginia v. Black, a case involving the free speech rights of three Virginia residents. Barry Elton Black, Richard J. Elliott and Jonathan OMara were convicted separately under a 50-year-old statute that outlaws the burning of crosses for the purpose of intimidation. Under Virginia law, cross burning on the private property of another, a highway or other public place with the intent to intimidate a person or group is a felony punishable by fines and/or imprisonment. Last year, the Virginia Supreme Court declared the statute unconstitutional. As the court noted, while laws of neutral application can be enforced, the “government may not regulate speech based on hostilityor favoritism” toward the views expressed by the speaker. The Rutherford Institute filed a brief in the case challenging the laws provision that cross burning in and of itself gives rise to a presumption of unlawful intent to intimidate, withou
