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

Summary

Justice Souter concurs in part and dissents in part. He agrees the Virginia statute is content-based under R. A. V. but finds the prima facie evidence provision skews juries and suppresses ideas. He would invalidate the statute entirely. Justice Thomas dissents on conduct versus expression grounds; Justice Scalia disagrees on facial invalidation without state construction; Justice Stevens concurs.