My Intentions v. My Actions | The Odyssey Online
Start writing a post
Politics

My Intentions v. My Actions

Analyzing the Supreme Court Case of Virginia v. Black

48
My Intentions v. My Actions
Lauren D. Mazur

With recent controversial events occurring throughout not only the United States of America, but the world as well, certain questions arise involving civil rights, liberties, and privileges. What I wish to specifically talk about, though, involves the question of the first amendment and hate speech.

I have talked to various individuals who have each defined the two as either issues completely unrelated or as uniform concepts. The purpose of this article is to dive a bit deeper into this narrative through a Supreme Court case you may or may not be familiar with--Virginia v. Black--that involves this subject from the perspective of a court setting rather than that of a protest or University Campus environment. I am neither saying this is correct or incorrect, but rather describing a statement of events and how I (and others) may interpret them.

The case in question, Virginia v. Black, involves the Virginia Supreme Court and whether banning the burning of crosses violates the first amendment.

Case Description Summary:

As described on Oyez.org, Barry Black, Richard Elliott, and Jonathan O'Mara were each convicted individually for the violation of Virginia law at the time: specifically, it is a "felony 'for any person..., with the intent of intimidating any person or group..., to burn...a cross on the property of another, a highway or other public place,' and specifies that 'any such burning...shall be prima facie evidence of an intent to intimidate a person or group.'" It was Barry Black who argued that the statute itself, was a violation of his first amendment rights.

This was eventually brought to the Virginia Supreme Court, who felt the enactment to be *overboard "because the probability of prosecution under the statute chills the expression of protected speech."

With this in mind, we must ask whether this is an act protected under the first amendment or not. Is such a law considered a violation of freedom of speech? Such questions were brought to the US Supreme Court, which in turn ruled in favor of Virginia, 7-2.

This ruling, however, was further clarified in regard to defining hate speech vs. protected speech. In regards to the term "Prima Facie" evidence, the act of considering (assuming) every burning of the cross as definitive evidence to terrorist action is unconstitutional. However, the act of burning crosses with such an "intent to intimidate" is.

Just as intent is the line between manslaughter and murder, so too is it the absolution between hate and protected speech.

With recent events, though, I cannot help but wonder how such a ruling would proceed in present time. Is proof of intent enough of a definitive ruling? Should it be?

I feel that if I had analyzed this case two or three years ago, I would've concluded similarly with the Justices; to ban the act of burning crosses (in itself) is unconstitutional (just as making it illegal to burn the American Flag). You must be able to prove the subject in question had malevolent intent to threaten and/or intimidate.

In my mind, though, intent is more than a case of declarative action here. The act of burning a cross, specifically in American History, is tied so deeply--and so innately--into the throws of KKK terrorist attacks and threats: how can you separate the two? I would argue that you can't. That, specifically, the intent and the action are one in the same.

Whether you agree or disagree, I would love to hear your opinions on this matter. I honestly have no answer. Share, comment, debate, and question; it is in your right to do so.

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Featured

15 Mind-Bending Riddles

Hopefully they will make you laugh.

188434
 Ilistrated image of the planet and images of questions
StableDiffusion

I've been super busy lately with school work, studying, etc. Besides the fact that I do nothing but AP chemistry and AP economics, I constantly think of stupid questions that are almost impossible to answer. So, maybe you could answer them for me, and if not then we can both wonder what the answers to these 15 questions could be.

Keep Reading...Show less
Entertainment

Most Epic Aurora Borealis Photos: October 2024

As if May wasn't enough, a truly spectacular Northern Lights show lit up the sky on Oct. 10, 2024

13798
stunning aurora borealis display over a forest of trees and lake
StableDiffusion

From sea to shining sea, the United States was uniquely positioned for an incredible Aurora Borealis display on Thursday, Oct. 10, 2024, going into Friday, Oct. 11.

It was the second time this year after an historic geomagnetic storm in May 2024. Those Northern Lights were visible in Europe and North America, just like this latest rendition.

Keep Reading...Show less
 silhouette of a woman on the beach at sunrise
StableDiffusion

Content warning: This article contains descriptions of suicide/suicidal thoughts.

When you are feeling down, please know that there are many reasons to keep living.

Keep Reading...Show less
Relationships

Power of Love Letters

I don't think I say it enough...

457023
Illistrated image of a letter with 2 red hearts
StableDiffusion

To My Loving Boyfriend,

  • Thank you for all that you do for me
  • Thank you for working through disagreements with me
  • Thank you for always supporting me
  • I appreciate you more than words can express
  • You have helped me grow and become a better person
  • I can't wait to see where life takes us next
  • I promise to cherish every moment with you
  • Thank you for being my best friend and confidante
  • I love you and everything you do

To start off, here's something I don't say nearly enough: thank you. Thank you, thank you, thank you from the bottom of my heart. You do so much for me that I can't even put into words how much I appreciate everything you do - and have done - for me over the course of our relationship so far. While every couple has their fair share of tiffs and disagreements, thank you for getting through all of them with me and making us a better couple at the other end. With any argument, we don't just throw in the towel and say we're done, but we work towards a solution that puts us in a greater place each day. Thank you for always working with me and never giving up on us.

Keep Reading...Show less
Lifestyle

11 Signs You Grew Up In Hauppauge, NY

Because no one ever really leaves.

26118
Map of Hauppauge, New York
Google

Ah, yes, good old Hauppauge. We are that town in the dead center of Long Island that barely anyone knows how to pronounce unless they're from the town itself or live in a nearby area. Hauppauge is home to people of all kinds. We always have new families joining the community but honestly, the majority of the town is filled with people who never leave (high school alumni) and elders who have raised their kids here. Around the town, there are some just some landmarks and places that only the people of Hauppauge will ever understand the importance or even the annoyance of.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments