Search for: ""Virginia v. Black" OR "538 U.S. 343"" Results 1 - 20 of 42
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7 Apr 2014, 1:26 am by rhapsodyinbooks
Black (538 U.S. 343), three defendants were convicted in two separate cases of violating a Virginia statute against cross burning. [read post]
1 Oct 2013, 12:29 pm by Karina Fuentes
Black, 538 U.S. 343 (2003) required a subjective intent to threaten under the true threat exception to the First Amendment. [read post]
11 Jun 2009, 9:29 am
Black, 538 U.S. 343 (2003),   the Supreme Court struck down a Virginia statute that criminalized burning a cross in someone’s yard, on the grounds that the law was overbroad because it did not require an intent to intimidate the victim. [read post]
4 Dec 2013, 6:31 am
Black538 U.S.343 (2003), because it did not allege she subjectively intended to convey a threat to injure others” and (ii) that if § 875(c) “does not require subjective intent, the statute is unconstitutionally overbroad. [read post]
16 Nov 2019, 11:28 am by Randall Hodgkinson
Black, 538 U.S. 343 (2003) requires that a threat be made with intent to cause fear in order to be constitutionally prosecutable:Black found specific intent was necessary to convict under the Virginia cross-burning statute at issue in that case. [read post]
27 Aug 2012, 2:11 pm by Bradley R. Hall, E.D. Mich.
Black, 538 U.S. 343 (2003)—which struck down a provision of the Virginia cross burning statute that treated "any cross burning as prima facie evidence of intent to intimidate"—was tantamount to a First Amendment requirement that "all communicative-threat laws" must "contain a subjective-threat element. [read post]
27 May 2010, 11:48 am by mjpetro
Black, 538 U.S. 343 (2003), for a lengthy discussion about the history of cross burning, especially by the KKK. [read post]
23 Apr 2010, 9:05 am by Lyrissa Lidsky
Black, 538 U.S. 343 (2003) for the proposition that "true threats" are an unprotected category, though whether this was an oversight or intentional, it is impossible to say. [read post]