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O'Mara pleaded guilty to charges of violating the statute, but reserved the right to challenge its constitutionality.
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Black was found guilty.
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The judge did not give an instruction on the statute's prima facie evidence provision.
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Respondents were convicted separately of violating a Virginia statute that makes it a felony "for any person ... , with the intent of intimidation. Those convicted were Black, O'Mara, and Elliot.
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At trial, Black objected on First Amendment grounds to a jury instruction that cross burning by itself is sufficient evidence from which the required "intent to intimidate" could be inferred.
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cross-burning statute is unconstitutional on its face and that the prima facie evidence provision renders the statute overbroad because the probability of prosecution under the statute chills the expression of protected speech.