Majority
In Virginia v. Black the Court found that Virginia's statute against cross burning is unconstitutional, but cross burning done with an attempt to intimidate can be limited because such expression has a long and pernicious history as a signal of impending violence. Justice Sandra Day O'Connor delivered the opinion stating, "a state, consistent with the First Amendment, may ban cross burning carried out with the attempt to intimidate." In so doing, the Court created a new area of constitutionally unprotected speech for "true threats." Under that carve-out, "a State may choose to prohibit only those forms of intimidation that are most likely to inspire fear of bodily harm."
The Court did, however, strike down the provision in Virginia's statute which stated "Any such burning of a cross shall be prima facie evidence of an intent to intimidate a person or group of persons," holding that the provision was facially unconstitutional because of its "indiscriminate coverage." The state, therefore, must prove intent to intimidate.
Read more about this topic: Virginia V. Black
Famous quotes containing the word majority:
“You and I ... are convinced of the fact that if our Government in Washington and in a majority of the States should revert to the control of those who frankly put property ahead of human beings instead of working for human beings under a system of government which recognizes property, the nation as a whole would again be in a bad situation.”
—Franklin D. Roosevelt (1882–1945)
“The candidate tells us we are the “backbone of the State,” and we know that it is true, not because we are possessed of certain endowed virtues, but because we are a majority and have the vote.”
—Federal Writers’ Project Of The Wor, U.S. public relief program (1935-1943)
“The majority is never right. Never, I tell you! That’s one of these lies in society that no free and intelligent man can help rebelling against. Who are the people that make up the biggest proportion of the population—the intelligent ones or the fools? I think we can agree it’s the fools, no matter where you go in this world, it’s the fools that form the overwhelming majority.”
—Henrik Ibsen (1828–1906)