Freedom of Speech

Paper Summary:

This paper explains that not all forms of speech are entitled to protection under the First Amendment's Freedom of Speech. The author points out that the Virginia vs. Black court cases determined that the Va. Code Ann. 18.2-423, which attempted to criminalize the burning of a cross, was unconstitutional not because burning crosses, which are intended to intimidate are entitled to Constitutional protection, but because this Virginia statute permitted an illegal presumption that a burned cross was prima facie evidence of intent to intimidate. The paper stresses that, nonetheless, in this case, the U.S. Supreme Court made it clear that it will no longer permit hate groups to hide behind the First Amendment when using speech or symbolic speech to threaten and intimidate.

From the Paper:

"The circumstances behind the charges against Elliot and O'Mara were different. Unlike Black, Elliot and O'Mara attempted to burn a cross on another's property. Prior to the cross-burning incident, Elliot had been heard by the victim shooting firearms in the backyard. Elliot and O'Mara were not affiliated with the Ku Klux Klan. O'Mara pleaded guilty and Elliot was convicted at trial. All three defendants challenged the constitutionality of Va. Code Ann. 18.2-423, and it eventually came before the U.S. Supreme Court."

More papers on Freedom of Speech:

• Analytical Essay # 49160 : "Freedom of Speech"
• Research Paper # 122279 : "Constitution and Freedom of Speech Issues"
• Analytical Essay # 121427 : "Tyler Harper and Freedom of Speech"
• Essay # 4170 : "Hate Speeches: The Right to Freedom of Speech"

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