Freedom of Speech Essay by premium papers

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.