1. Facts: Black was charged with burning a cross and found guilty by a jury under Virginia’s
cross-burning legislation, which prohibits cross burning with the intention of terrifying an
individual or a group. A part of the law considers such behavior to be prima facie proof of
such an intention. The ruling was affirmed by the Virginia Supreme Court, and Black filed
an appeal.
2. Procedural History: On appeal, the Supreme Court held – in a 7-2 majority opinion
authored by Justice Sandra Day O’Connor – that while a state may prohibit cross burning
the section of the Virginia Act that treated cross-burning as prima facie evidence of
intimidation was found to be unconstitutional. According to the court, a cross burning
might be done for reasons other than intimidation, for as at a political demonstration.
3. Issue: Is it illegal to interpret any such occurrence as prima facie evidence of a malicious
intent to produce fear or apprehension danger to another person or group under the
provisions of this or any other state’s cross-burning statute.
4. Rules: The Supreme Court affirmed a Virginia legislation making it illegal to burn a cross
in public with the goal to frighten others in Black (2003), 538 U.S. 343 (2003). It also
struck down a clause of the same legislation that permitted a jury to infer intimidation
intent from the act of publicly burning a cross.
