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:
“There is a delicate balance of putting yourself last and not being a doormat and thinking of yourself first and not coming off as selfish, arrogant, or bossy. We spend the majority of our lives attempting to perfect this balance. When we are successful, we have many close, healthy relationships. When we are unsuccessful, we suffer the natural consequences of damaged and sometimes broken relationships. Children are just beginning their journey on this important life lesson.”
—Cindy L. Teachey. “Building Lifelong Relationships—School Age Programs at Work,” Child Care Exchange (January 1994)
“Until we devise means of discovering workers who are temperamentally irked by monotony it will be well to take for granted that the majority of human beings cannot safely be regimented at work without relief in the form of education and recreation and pleasant surroundings.”
—Mary Barnett Gilson (1877–?)
“Our government is founded upon the intelligence of the people. I for one do not despair of the republic. I have great confidence in the virtue of the great majority of the people, and I cannot fear the result.”
—Andrew Jackson (1767–1845)