Jul 21, 2022 • 38M
Bodily Harm is Coming
Is burning a cross so intimidating as to not deserve First Amendment protection?
Celebrating the accidental guardians of the First Amendment. For regular updates on the legal stories that shape our lives, visit unprecedented.substack.com.
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.