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Virginia v. Black December 11, 2002 (01-1107) return to case listing Case Summary Three defendants were prosecuted for burning a cross under Va. Code § 18.2-423. One defendant was prosecuted after a Ku Klux Klan rally and two other defendants were arrested after attempting to burn a cross on a neighbor's private property. All of the defendants challenge the cross-burning statute, Va. Code § 18.2-4.23, which states: "[i]t shall be unlawful for any person or persons, with the intent of intimidating any person or group of persons, to burn or cause to be burned, a cross on the property of another, a highway or other public place." Defendants challenged the constitutionality of the statute on the basis of viewpoint and content discrimination in violation of the First Amendment. The Supreme Court of Virginia reversed Defendants' convictions and found the cross-burning statute facially unconstitutional because it selectively addressed the content of symbolic speech and was overbroad. The opinion of the Supreme Court of Virginia is found at 262 Va. 764, 553 S.E. 2d 738. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 9-0 to Reverse 5-4 to Affirm 5-4 to Reverse 6-3 to Affirm 6-3 to Reverse VOTING TO REVERSE Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Stevens O'Connor Ginsburg Breyer Stevens O'Connor Souter Ginsburg Breyer Stevens O'Connor Breyer Rehnquist Stevens O'Connor Scalia Thomas Breyer VOTING TO AFFIRM Rehnquist Scalia Kennedy Souter Thomas Rehnquist Scalia Kennedy Thomas Rehnquist Scalia Kennedy Souter Thomas Ginsburg Kennedy Souter Ginsburg return to case listing