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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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