The Facts of Virginia v. Black:
On August 22, 1998 Barry Black led a Ku Klux Klan rally in Carroll County,
Virginia. Twenty five to thirty people attended this rally on private property
with the owner's permission. At the conclusion of the rally the crowd circled
around a 25-30 foot cross and set it aflame. A person living in a nearby house
witnessed the rally and said the language she heard made her very scared and
feel awful. The sheriff entered the rally and arrested Black under a Virginia
law for burning a cross with the intent of intimidating a person or group of
persons.
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