Question

The plurality opinion in Virginia v. Black, written by Justice O'Connor, found the Virginia statute on cross-burning unconstitutional because

a) It violated the Equal Protection Clause
b) It infringed on freedom of expression
c) It conflicted with state laws
d) It disregarded the principle of stare decisis

Answer 1

The plurality opinion in Virginia v. Black ruled that the Virginia statute on cross-burning was unconstitutional because it infringed on freedom of expression as protected by the First Amendment.

Step-by-step explanation:

The plurality opinion in Virginia v. Black, written by Justice O'Connor, found the Virginia statute on cross-burning unconstitutional because b) It infringed on freedom of expression. The Virginia statute was deemed unconstitutional by the Supreme Court because it did not adhere to the First Amendment's safeguards for freedom of speech. The Court recognized that while cross-burning could be seen as intimidating and could incite violence, not all instances of cross-burning were intended to intimidate. Moreover, symbolic speech, even if it is offensive to many, is protected under the First Amendment, unless it is intended to and likely to incite imminent lawless action.