Papers on "Cross Burning and the American Justice System" and similar term paper topics

Paper #103547 :: Cross Burning and the American Justice System
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This paper argues that blanket prohibitions on the issue of cross burning are unconstitutional in the American justice system.

Written in 2008; 1,545 words; 4 sources; APA; $ 50.95

Paper Summary:

This paper explains that the current debate about the legitimacy of cross burning under state law has been a conflicting issue with the primary constitutional provisions, which protect a person's right to freedom of speech under the First Amendment. The author points out that the critical issue of racial intimidation by the Klu Klux Klan (KKK) in the case of "Virginia v. Black" provides a foundation for various leniencies by the Supreme Court to allow racial intimidation as a precursor for validating Virginia's laws, although they correctly struck down the statute of cross burning as a blanket prohibition against the cultural milieu of Christianity in the state. The paper concludes that the premise of racial intimidation portrays a contextual denial of the right to burn a cross at a KKK rally, but the religious nature of Virginia's law violated the Fist Amendment of the Constitution.

From the Paper:

"This perspective has brought great controversy over the use of derogatory language as a basis for intimidation, but since the Virginia law did not provide any type of deeper semantics to the issue of the "breach of peace" the Supreme Court deemed it unconstitutional to prevent cross burning. The premise of religious freedom took a precedence in this ruling, since the very language of the Constitution does not deny any type of freedom of religious expression, but only if it does not physically harm another person. Perhaps, the ruling of "Chaplinsky v. New Hampshire" goes against this form of intimidation as an exception."

Tags: state, klu klux klan, absolutism religious contextual

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