Cross Burning | The First Amendment Encyclopedia
2023年8月7日 · Cross burning, which has been used as a form of intimidation against African Americans and Jews, has been defended in the courts on free speech grounds. The practice dates back to 14th century Scotland, where tribes burned crosses as signaling devices.
Virginia v. Black (2003) | The First Amendment Encyclopedia
2009年1月1日 · Virginia v. Black (2003) upheld a statute making it illegal to burn a cross in public to intimidate others. Cross burning was a true threat unprotected by the First Amendment.
R.A.V. v. St. Paul (1992) | The First Amendment Encyclopedia
2009年1月1日 · In R.A.V. v. St. Paul 505 U.S. 377 (1992), the Supreme Court struck down a city ordinance that made it a crime to place a burning cross or swastika anywhere “in an attempt to arouse anger or alarm on the basis of race, color, creed, or religion.”
Cross Burning and Free Speech Archives
Delve into the contentious issue of Cross Burning and its implications for Free Speech and hate speech under the First Amendment.
Symbolic Speech | The First Amendment Encyclopedia
2023年8月3日 · R.A.V. v. St. Paul deals with cross burning and the use of other offensive symbols that could be viewed as so-called fighting words. Fighting words traditionally have been viewed as words likely to provoke the average person to retaliation and …
True Threats | The First Amendment Encyclopedia
2023年8月12日 · The Supreme Court held that states may criminalize cross burning as long as the state statute clearly puts the burden on prosecutors to prove that the act was intended as a threat and not as a form of symbolic expression:
Hate Speech | The First Amendment Encyclopedia
2023年7月30日 · Court upheld cross-burning law. More than a decade later, the Supreme Court again ruled on a hate speech case. Virginia v. Black (2003) concerned the constitutionality of a Virginia statute that made it unlawful to burn a cross with the intent of intimidating any person or group of persons. Many scholars have argued that the Court’s opinion ...
KKK | Ku Klux Klan - The Free Speech Center
2023年8月10日 · In that case, which involved a minor and did not mention the KKK, the Supreme Court struck down a hate speech law that had been applied to youth who had burned a cross on a lawn, ruling that the law contained a form of viewpoint discrimination prohibited by …
The Birth of a Nation | The First Amendment Encyclopedia
2009年1月1日 · After the book’s and the movie-playbill’s portrayal of a hooded Klansman riding a hooded horse, with his left hand holding the reins of the horse and his right hand holding a burning cross above his head, the Klan, the movie, and cross burning became synonymous.
Flag Desecration | The First Amendment Encyclopedia
2023年8月10日 · Though laws have been enacted making desecration of the American flag a crime, the Supreme Court has overturned such laws and ruled that the First Amendment protected flag burning as symbolic speech. In this photo, anti-war demonstrators burn the U.S. flag after marching to the State House in Boston in 1971.