Cross Burning as Hate Speech Under the First Amendment to the United States Constitution

Amsterdam Law Forum, Vol. 2, No. 1, 2009

5 Pages Posted: 25 Nov 2010

See all articles by Wilson Ray Huhn

Wilson Ray Huhn

Duquesne University - School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: November 25, 2009

Abstract

This brief essay discusses the constitutional status of hate speech and cross burning under the First Amendment of the U.S. Constitution. In general, hate speech is constitutionally protected unless the speaker intends to immediately provoke violence. Laws banning cross burning must be carefully drawn and enforced to protect cross burning when it is intended solely as political expression and is not intended as a threat.

Keywords: Cross Burning, Ku Klux Klan, Virginia v. Black, First Amendment, Constitution, R.A.V. v. City of St. Paul

JEL Classification: K19

Suggested Citation

Huhn, Wilson Ray, Cross Burning as Hate Speech Under the First Amendment to the United States Constitution (November 25, 2009). Amsterdam Law Forum, Vol. 2, No. 1, 2009, Available at SSRN: https://ssrn.com/abstract=1713762

Wilson Ray Huhn (Contact Author)

Duquesne University - School of Law ( email )

600 Forbes Avenue
Pittsburgh, PA 15282
United States

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