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538 U.S. 343Supreme Court of the United States

VIRGINIA, Petitioner,v.Barry Elton BLACK, Richard J. Elliott, and Jonathan O’MaraNo. 01–1107

from Part III - Property and Space

Published online by Cambridge University Press:  22 April 2022

Bennett Capers
Affiliation:
Fordham Law School
Devon W. Carbado
Affiliation:
University of California, Los Angeles, School of Law
R. A. Lenhardt
Affiliation:
Georgetown University Law Center
Angela Onwuachi-Willig
Affiliation:
Boston University School of Law
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Summary

Argued December 11, 2002.Decided April 7, 2003.

Justice M. MATSUDA delivered the opinion of the Court.1

A central question this case presents is whether words have power and consequences. See Mari J. Matsuda et al., Words That Wound: Critical Race Theory, Assaultive Speech, and the First Amendment (1993). We answer that question in the affirmative and hold that racist speech in the form of a burning cross is properly constrained by the Commonwealth of Virginia.

Type
Chapter
Information
Critical Race Judgments
Rewritten U.S. Court Opinions on Race and the Law
, pp. 324 - 336
Publisher: Cambridge University Press
Print publication year: 2022

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