Virginia v. Black (2003; involved cross-burning by Ku Klux Klan and others in Virginia) held that it is:

Question

Quizplus · Accepted Answer

The Supreme Court in Virginia v. Black held that cross-burning can be criminalized because it is inextricably intertwined with a history of racism and intimidation. However, the Court also noted that context matters and that the First Amendment would protect cross-burning in certain circumstances, such as at a gathering of Klan members where there is no intent to intimidate others. Therefore, choices A, B, and D are not accurate as they do not reflect the specific holding of the court in this case.

Virginia V