Virginia v. Black (2003) Majority Opinion (True Threat, Virginia Anti Cross Burning Law, First Amendment, Protected Speech)

Today I’ll be reading the 2003 opinion of the Court in Virginia v. Black, a case that asked the Supreme Court whether a Virginia law prohibiting the burning of a cross with the intent of intimidating any person or group violated the First Amendment.

I’m reading this opinion in light of a new case that the Court has agreed to hear later this term – Counterman v. Colorado - asking: in order to establish that a statement is a "true threat" which we already know is not protected by the First Amendment, must the government show that the speaker subjectively knew or intended the threatening nature of the statement; or, is it enough to show that an objective "reasonable person" would regard the statement as a threat of violence?

In this opinion, the Court addresses what makes a threat a true threat - which is why I thought that those of you who are interested in the yet-to-be-scheduled Counterman v. Colorado might like to hear it.

 

Access this SCOTUS opinion and other essential case information on Oyez.org.

Music by Epidemic Sound