FIRST and Second Amendment Assignment (CRJ 733) Essay

FIRST and Second Amendment Assignment (CRJ 733) - Essay Example In Virginia v. Black et al. certiorari to the supreme court of Virginia, no.01-1107 (2003) Justice O’Connor announced the following, â€Å"In this case we consider whether the Commonwealth of Virginia's statute banning cross burning with intent to intimidate a person or group of persons" violates the First Amendment. Va. Code Ann.  §18.2-423 (1996). 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.† (Virginia v. Black 1) As a result of this prior decision made the appropriate decision at this time would seem to support the actions of the defendant and while the use of an effigy burning may be seen as a threat it does not by itself constitute a threat to said individual. The action of effigy burning is an approximation and does not promote violence in and of it. Additionally the burning of an effigy remains a political act and in concert with the prior decision in (Texas v. Johnson, 491 U.S. 397) which held that the desecration of the flag at this time while in violation of local state law is not in fact a violation of the First Amendment, meaning the conviction of Ms. Monique shall be overturned as a result as the law of the land is the Constitution and as such the actions taken by Ms. Monique are in line with the allowances for protest that are outlined in the First Amendment. Additionally in the prior case the as with this current case the individual has been convicted based on their engagement in expressive conduct and while the defendant may have disturbed the peace, they did not effectively violate the First Amendment. The expulsion should therefore be overturned. First Amendment, "United States Constitution, Bill of Rights." Cornell University Law School, Legal Information Institute. N.p., 2011. Web. 29 Mar 2011. http://topics.law.cornell.edu/constitution/billofrights#amendmenti TEXAS v. JOHNSON, 491 U.S. 397 (1989), "491 U.S. 397 TEXAS v. JOHNSON CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS No. 88-155. Argued March 21, 1989 Decided June 21, 1989." Find Law for legal professionals. N.p., 2011. Web. 29 Mar 2011. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=491&invol=397 VIRGINIA v. BLACK, â€Å"Virginia v. BLACK et al. certiorari to the supreme court of Virginia No. 01-1107. Argued December 11, 2002--Decided April 7, 2003." Find Law for legal professionals. N.p., 2011. Web. 29 Mar 2011. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=01-1107 Opinion two, supporting the expulsion The Teaching Fellow Ms. Monique engaged in an act of civil disobedience that resulted in the State University President Max Piker feeling that his life had been threatened. While the initial action was meant as a symbolic statement a nd that is protected by the First Amendment it should be noted that threats or intimidation are not. The First Amendment specifically protects peaceable protest however, does not protect protest in which there is used threats and intimidation. In using an effigy that was