Virginia v. Black — Scalia, J., Concurring in Part and Dissenting in Part

Summary

Justice Scalia agrees that cross burning undertaken with intent to intimidate may be prohibited and that the judgment should be vacated and remanded for authoritative construction of the prima-facie-evidence provision. He concludes that the provision ordinarily creates a rebuttable evidentiary inference, that the statute is not facially overbroad, and that Black's conviction should be set aside because of the jury instruction but without dismissing the indictment. Justice Thomas, dissenting, would uphold the statute, while Justice Souter, joined by Justices Kennedy and Ginsburg, would invalidate the statute in its entirety; Justice Stevens, concurring, would uphold the basic prohibition.