![]() Id., at 103.ĭuring the rally, Sechrist heard Klan members speak about what they were and what they believed in. Id., at 106. She looked on as the Klan prepared for the gathering and subsequently conducted the rally itself. Rebecca Sechrist, who was related to the owner of the property where the rally took place, sat and watched to see wha going on from the lawn of her in-laws house. Eight to ten houses were located in the vicinity of the rally. During the approximately one hour that the sheriff was present, about 40 to 50 cars passed the site, a few of which stopped to ask the sheriff what was happening on the property. When the sheriff of Carroll County learned that a Klan rally was occurring in his county, he went to observe it from the side of the road. The property was located on an open field just off Brushy Fork Road (State Highway 690) in Cana, Virginia. Twenty-five to thirty people attended this gathering, which occurred on private property with the permission of the owner, who was in attendance. On August 22, 1998, Barry Black led a Ku Klux Klan rally in Carroll County, Virginia. ∺ny such burning of a cross shall be prima facie evidence of an intent to intimidate a person or group of persons. Any person who shall violate any provision of this section shall be guilty of a Class 6 felony. It shall be unlawful for any person or persons, with the intent of intimidating any person or group of persons, to burn, or cause to be burned, a cross on the property of another, a highway or other public place. Respondents Barry Black, Richard Elliott, and Jonathan OMara were convicted separately of violating Virginias cross-burning statute, §18.2≴23. We conclude that while a State, consistent with the First Amendment, may ban cross burning carried out with the intent to intimidate, the provision in the Virginia statute treating any cross burning as prima facie evidence of intent to intimidate renders the statute unconstitutional in its current form. In this case we consider whether the Commonwealth of Virginias statute banning cross burning with an intent to intimidate a person or group of persons violates the First Amendment. Justice O∬onnor announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III, and an opinion with respect to Parts IV and V, in which The Chief Justice, Justice Stevens, and Justice Breyer join. ELLIOTT, and JONATHAN OMARA ON WRIT OF CERTIORARI TO THE SUPREME COURT 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. ![]() NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. ![]() 2d 738, affirmed in part, vacated in part, and remanded.
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