Jul 21, 2022 • 38M

Bodily Harm is Coming

Is burning a cross so intimidating as to not deserve First Amendment protection?

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Appears in this episode

Matthew S. Schwartz
Michael Vuolo
Celebrating the accidental guardians of the First Amendment. For regular updates on the legal stories that shape our lives, visit unprecedented.substack.com.
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To a Klu Klux Klan member, a flaming cross is a “beautiful” symbol of “racial purity.” To many Americans, it’s the image of racist intimidation. But what is it to the Supreme Court, and is it protected by the Constitution? In the emotionally-charged case, Virginia v. Black, the KKK learns the difference between intent and historical perception — with unexpected assistance from an African American ACLU lawyer. Plus: A Supreme Court Justice breaks his years-long silence.

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TRANSCRIPT: Bodily Harm is Coming
SECHRIST: We wasn't here to kill nobody. We wasn't here to run nobody off. We wasn't here to intimidate nobody. We were just here to initiate a few new members, move on out of here to the next rally. … They're not really haters. I wouldn't flag ’em as haters. I just flag ’em as a religious group that believes in what they believe in…
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