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VIRGINIA v. BLACK

No. 01-1107.

538 U.S. 343 (2003)

123 S.Ct. 1536

155 L.Ed.2d 535

VIRGINIA v. BLACK ET AL.

Supreme Court of United States.

Decided April 7, 2003.

Attorney(s) appearing for the Case

William H. Hurd, State Solicitor of Virginia, argued the cause for petitioner. With him on the brief were Jerry W. Kilgore, Attorney General, Maureen Riley Matsen and William E. Thro, Deputy State Solicitors, and Alison P. Landry, Assistant Attorney General.

Deputy Solicitor General Dreeben argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General Boyd, Barbara McDowell, Jessica Dunsay Silver, and Linda F. Thome.

Rodney A. Smolla argued the cause for respondents. With him on the brief were James O. Broccoletti, David P. Baugh, and Kevin E. Martingayle.*

JUSTICE O'CONNOR announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III, and an opinion with respect to Parts IV and V, in which THE CHIEF JUSTICE, JUSTICE STEVENS, and JUSTICE BREYER join.

In this case we consider whether the Commonwealth of Virginia's statute banning cross burning with "an intent to intimidate a person or group of persons" violates the First Amendment. Va. Code Ann. § 18.2-423 (1996)...

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