Virginia v. Black

The Background of Virginia v. Black (2003)

Virginia v. Black, which involved an appeal set forth by Barry Elton Black, Richard J. Elliott, and Jonathan O'Mara – all proclaimed members of the Ku Klux Klan – argued the legality of the arrests of the Plaintiffs resulting from their participation in the burning of a cross within the State of Virginia; an act that is deemed to be illegal in the State of Virginia:

In the midst of the judicial review of Virginia v. Black, the case of Texas v. Johnson (1989) was cited by the defense; this case involved Plaintiff Gregory Lee Johnson arguing the validity of his arrest resulting from his setting fire to the American Flag in act of protest in lieu of an act of violence - the Supreme Court claimed that expression without illegality – or the intent to incite illegal recourse – is both protected and lawful within the 1st Amendment

The Case Profile of Virginia v. Black

The following is a case profile of the legal trial eponymously titled ‘Virginia v. Black’:

Date of the Trial: December 11th, 2003

Legal Classification: Administrative Law; this legal field associated with events and circumstances in which the Federal Government of the United States engages its citizens, including the administration of government programs, the creation of agencies, and the establishment of a legal, regulatory federal standard

Accused Criminal Activity: The following criminal activity and charges were cited by the Petitioner of Commonwealth of Virginia – also known as the State of Virginia against Barry Elton Black, Richard J. Elliott, and Jonathan O'Mara within the appeal brought forth subsequent to the initial ruling:

United States Reports Case Number: 538 U.S. 343

Date of the Delivery of the Verdict: April 7th, 2003

Legal Venue of Virginia v. Black: The Supreme Court of the United States

Judicial Officer Responsible for Ruling: Chief Justice William Rehnquist

Involved Parties: The following are the parties named with regard to their involvement in the Virginia v. Black case:

The State of Virginia; Plaintiff - Virginia v. Black

Barry Elton Black, Richard J. Elliott, and Jonathan O'Mara; Defendant(s) - Virginia v. Black

Verdict Delivered: The Supreme Court ruled against the defendants, claiming that their respective appeal was absent of sufficient ‘Prima Facie’ evidence; Prima Facie is a legal term whose Latin translation is defined as ‘At first sight’, which requires the existence of initial evidence concerning the conveyance of an event’s details – the Supreme Court found the men to be unable to substantiate that the act of burning a cross was simply an expression in lieu of a means to intimidate and threaten.

The Supreme Court stated that regardless of the rights implicit in the 1st Amendment, the expression of ideas or speech considered to be harmful, dangerous or in direct contrast with the safety of the general populace may be subject to judicial review

The Supreme Court interpreted the 1st Amendment as being inapplicable to circumstances in which the freedoms and rights afforded to other citizens of the United States of America are undermined; the 1st Amendment disallows for expressions or speech directly violating the precepts set forth within the 14th Amendment


Associated Legislation with regard to Virginia v. Black: The following statutory regulations were employed with regard to the Virginia v. Black trial:

The 1st Amendment of the Constitution of the United States ensures that every American citizen be granted the freedom to express themselves in accordance with applicable legislature enacted in order to preserve the safety and wellbeing of the general public; however, the right to free speech prohibits ideas, ideology, or creeds to be imposed on any individual without their respective and expressed consent

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