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RICHARD J. ELLIOTT, and JONATHAN O'MARA of Virginia Justice Stevens, concurring. Cross burning with "an intent to intimidate," Va. Code Ann.
§18.2-423 (1996), unquestionably qualifies as the kind of threat that
is unprotected by the First Amendment. For the reasons stated in the separate
opinions that Justice White and I wrote in R. A. V. v. St. Paul, 505 U.
S. 377 (1992), that simple proposition provides a sufficient basis for upholding
the basic prohibition in the Virginia statute even though it does not cover
other types of threatening expressive conduct. With this observation, I
join Justice O'Connor's opinion.
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