Supreme Court of the United States

Virginia v. Black — Thomas, J., Dissenting

April 7, 2003538 U.S. 343

Summary

Justice Thomas dissenting argues that cross burning is conduct, not expression, and that Virginia's statute constitutionally prohibits intimidating conduct. He supports the inference of intent from the act itself given the historical association of cross burning with violence. He respectfully dissents from the plurality's invalidation of the statute. Separate opinions were filed by Justices Scalia, Souter, and Stevens.