19 March 2008

19 March 2008 - 19 March 2008 Today cases chapters 2 3...

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19 March 2008 Today – cases chapters 2 + 3 Theory Chapter Holdings and decision VA v Black Crossing burning: Black was a member of the KKK and had a cross burning in a private residence. Black was arrest for a cross burning since cross burning was illegal since it incites fear and is intimidating. Statute – unlawful to burn cross with intent to intimidate. Burning the cross shall be prima facie (presumed to meet the requirements of) evidence of intent to intimidate a person or group of persons. Just by doing it, that is proof of the intent. 1) Mens rea – criminal intent – intent to intimidate/scare/threaten 2) Actus reus – criminal act – burning the cross. Result of the trial – convicted and found guilty. Defendant Issue – Does the Virginia statute violate the first amendment? Rule. First Amendment – government cannot limit free speech Several exceptions – Threats with action, obscenity, etc. Defendants argued that they were exercising their right to free speech and would not “dream” of
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19 March 2008 - 19 March 2008 Today cases chapters 2 3...

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