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Colored Speech: Cross Burnings, Epistemics, and the Triumph of the Crits?

The Virginia v. Black case represents a complete reversal in the US Supreme Court's approach to the constitutionality of anti-cross-burning statutes. In R. A. V. v. City of St Paul, an unanimous Supreme Court held that St Paul's ordinance regulating cross burnings violated the First Amendm...

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Bibliographic Details
Published in:The Georgetown law journal 2005-01, Vol.93 (2), p.575
Main Author: Charles, Guy-Uriel E
Format: Article
Language:English
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Online Access:Get full text
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Summary:The Virginia v. Black case represents a complete reversal in the US Supreme Court's approach to the constitutionality of anti-cross-burning statutes. In R. A. V. v. City of St Paul, an unanimous Supreme Court held that St Paul's ordinance regulating cross burnings violated the First Amendments. Charles discusses the crucial role that Justice Thomas played in Black and demonstrates how his perspective is critical to the outcome of the case. Charles relies upon the concept of epistemic authority to explain the Justice's influence in Black.
ISSN:0016-8092