Cite as: 538 U. S. 343 (2003)
Opinion of the Court
Rodney A. Smolla argued the cause for respondents. With him on the brief were James O. Broccoletti, David P. Baugh, and Kevin E. Martingayle.*
Justice O'Connor announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III, and an opinion with respect to Parts IV and V, in which The Chief Justice, Justice Stevens, and Justice Breyer join.
In this case we consider whether the Commonwealth of Virginia's statute banning cross burning with "an intent to intimidate a person or group of persons" violates the First Amendment. Va. Code Ann. § 18.2-423 (1996). We conclude that while a State, consistent with the First Amendment, may ban cross burning carried out with the intent to intimidate, the provision in the Virginia statute treating any
*Briefs of amici curiae urging reversal were filed for the State of California by Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Richard M. Frank, Chief Assistant Attorney General, and Angela Sierra, Deputy Attorney General; for the State of New Jersey et al. by David Samson, Attorney General of New Jersey, and Carol Johnston, Deputy Attorney General, and by the Attorneys General for their respective States as follows: Janet Napolitano of Arizona, Richard Blumenthal of Connecticut, Thomas J. Miller of Iowa, J. Joseph Curran, Jr., of Maryland, Thomas F. Reilly of Massachusetts, Jennifer M. Granholm of Michigan, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, Roy Cooper of North Carolina, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Mark L. Shurtleff of Utah, and William H. Sorrell of Vermont; and for the Criminal Justice Legal Foundation by Kent S. Scheidegger.
Briefs of amici curiae urging affirmance were filed for the Council of Conservative Citizens by Edgar J. Steele; for the Rutherford Institute by John W. Whitehead and Steven H. Aden; and for the Thomas Jefferson Center for the Protection of Free Expression by Robert M. O'Neil and J. Joshua Wheeler.
Martin E. Karlinsky, Howard W. Goldstein, Steven M. Freeman, Frederick M. Lawrence, and Elliot M. Mincberg filed a brief for the Anti-Defamation League et al. as amici curiae.
347
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007