Cross Burning Protected Free Speech, Virginia Court 4-3

Date: Fri, 02 Nov 2001 19:02:31 -0500
From: Michael Posluns <mposluns@accglobal.net>
Organization: The StillWaters Group
To: First Nations Relations and Public Policy <fnr_pubpol@yorku.ca>, "FES_PHD@YorkU.CA" <FES_PHD@YorkU.CA>, Jewish Renewal Movement <renew-j@shamash.org>,
Precedence: bulk
Return-Path: <sfp-net-mml-owner@chebucto.ns.ca>

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Friends,

The World at 6:00 on C.B.C. Radio, a short while ago, carried a report
that the Virginia Supreme Court had ruled 4:3 that burning a cross was a
protected form of speech under the U.S. Constitution.  Although I think
of myself as a staunch libertarian I need to say that this decision, so
far as it can be understood from a brief news item on "a foreign radio
network" puts my libertarian belief to a test.

The more so since one of the two cases as issue reportedly involved
burning a cross in the backyard of the home of a Black family, an act
that I would have associated with terrorism more than with free speech.
Apparently the family in whose yard the cross was burned will not be
beneficiaries of any anti-terrorism laws so long as this Virginia court
has its way.

Then again, what does a Canadian know about Virginia.  I do recall
reading a letter from a former Registrar of Vital Statistics of that
fine state advising local officials that, as of 1943, no one claiming to
be Native or Indian was to be lent credence for his or her claim while,
on the other hand, anyone with "a drop of Negro blood" was subject to
all the disabilties the state could muster.

I am writing in part to ask for copies of any news clippings, academic
discussion or, indeed, a web site with the decision itself.  I would be
especially interested to learn what the practice is in regard to appeals
from state Supreme Courts to the federal courts in such an instance.

I would be grateful for any materials on this or related matters that
come your way.

Thanks very much,



Michael Posluns, M.E.S.,
Ph.D. Candidate,
York University,
Toronto, Canada.

 Daytime:  416 995-8613
Evening:  416 656-8613
Fax:      416 656-2715

36 Lauder Avenue,
Toronto, Ontario,
M6H 3E3


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