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| | | Virginia v. Black (docket #: 01-1107) (2003)
[Findlaw]
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Secondary Link
| Virginia v. Black
[Legal Information Institute]
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Argument Date
| 12/11/2002 |
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Decided
| 5/7/2003 |
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Supreme Court Ruling
| First Amendment claims all denied except as to Respondent Barry Black. |
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| | | Issue | Whether a state statute that prohibits the burning of a cross with the intent of intimidating any person or group of persons, impermissibly infringes upon freedom of speech and is unconstitutional on its face because it prohibits otherwise permitted speech solely on the basis of its content. | |
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Majority Opinion
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O'Connor, J. (announced the judgment of the Court as to certain parts of majority opinion) |
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Concurring Opinion
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Scalia, J. (concurring in part & concurring in judgment & dissenting in part, joined in part by Thomas, J.), Souter, J. (concurring in judgment in part & dissenting in part, Kennedy, J. & Ginsburg, J., joined) |
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Dissenting Opinion
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Thomas, J. |
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Certiorari Granted
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05/28/2002 |
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Lower Court
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Virginia Supreme Court |
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Lower Court Ruling
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First Amendment claim sustained. |
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Oral Arguments
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Transcript
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| Lawyers |
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| Briefs |
Patrick Irvine, Arizona Solicitor General’s Office
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| News Stories & Commentary |
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| Tony Mauro Analysis |
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| Opinion - Lower Court |
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| Other |
Smolla, Rodney, "Anatomy of an Oral Argument," in Joseph Russomano, editor, DEFENDING THE FIRST: COMMENTARY ON FIRST AMENDMENT ISSUES AND CASES (2005), pp. 111-137
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