From our private database of 34,000+ case briefs...
Virginia v. Black
United States Supreme Court
538 U.S. 343, 123 S.Ct. 1536, 155 L.Ed.2d 535 (2003)
In 1998, Barry Black (defendant) led a Ku Klux Klan rally in Virginia. At the close of the rally, the participants burned a cross. Black was charged with violating a Virginia statute that made it illegal to burn a cross if the burning was done with intent to intimidate someone. The statute also stated that the burning of a cross in itself is prima facie evidence of intent to intimidate. At Black's trial, the court instructed the jury that the burning of the cross itself was sufficient evidence from which to infer the required intent to intimidate. The jury convicted Black. Black appealed, and the appellate court affirmed his conviction. The Supreme Court of Virginia reversed and held that the statute was unconstitutional. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (O’Connor, J.)
Concurrence (Stevens, J.)
Concurrence/Dissent (Souter, J.)
Concurrence/Dissent (Scalia, J.)
Dissent (Thomas, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 607,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.