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:
“The principle of majority rule is the mildest form in which the force of numbers can be exercised. It is a pacific substitute for civil war in which the opposing armies are counted and the victory is awarded to the larger before any blood is shed. Except in the sacred tests of democracy and in the incantations of the orators, we hardly take the trouble to pretend that the rule of the majority is not at bottom a rule of force.”
—Walter Lippmann (1889–1974)
“... the majority of colored men do not yet think it worth while that women aspire to higher education.... The three R’s, a little music and a good deal of dancing, a first rate dress-maker and a bottle of magnolia balm, are quite enough generally to render charming any woman possessed of tact and the capacity for worshipping masculinity.”
—Anna Julia Cooper (1859–1964)
“There is something wonderful in seeing a wrong-headed majority assailed by truth.”
—John Kenneth Galbraith (b. 1908)