Virginia v. Black
Respondents were convicted under a Virginia state law that prohibited cross burning ”with the intent of intimidating any person or group of persons.” Respondents’ convictions were affirmed on appeal. The Supreme Court of Virginia reversed, holding (1) that the law violates the First Amendment of the US Constitution on its face by selectively prohibiting intimidating speech based on its content, and (2) that the statute is overbroad.
Question Presented:
Whether a state statute that prohibits the burning of a cross with the intent to intimidate violates the First Amendment.
