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Virginia v. Barry Elton Black

538 U.S. 343 · Decided April 7, 2003 · Supreme Court of the United States

Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.

At a glance

Virginia v. Barry Elton Black was decided on April 7, 2003 by a vote of 7–2. The Court reversed the lower court's decision and remanded the case. Justice Sandra Day O'Connor wrote the opinion of the Court. SCDB classifies its main issue as “Protest demonstrations” in the First Amendment area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.

Read the opinion

Case details

Citations
538 U.S. 343 · 123 S. Ct. 1536 · 155 L. Ed. 2d 535 · 2003 U.S. LEXIS 2715
Docket number
01-1107
Decided
April 7, 2003
Argued
December 11, 2002
Decision type
Opinion of the Court (orally argued)
Disposition
Reversed and remanded
Outcome for petitioner
The petitioning party received a favorable disposition
Vote
7–2
Majority opinion
Sandra Day O'Connor
Opinion assigned by
William H. Rehnquist
How the case arrived
Certiorari
Issue area
First Amendment
Legal provision
First Amendment (speech, press, and assembly)
Type of law
Constitutional amendment
Held unconstitutional
A state or territorial law, regulation or constitutional provision
Decision direction (SCDB)
Liberal what this means

How the Justices voted

JusticeVoteSeparate writing
Chief Justice William H. RehnquistMajority
Justice John Paul StevensConcurrenceWrote an opinion
Justice Sandra Day O'ConnorMajorityWrote an opinion
Justice Antonin ScaliaDissentWrote an opinion
Justice Anthony M. KennedySpecial concurrence
Justice David H. SouterSpecial concurrenceWrote an opinion
Justice Clarence ThomasDissentWrote an opinion
Justice Ruth Bader GinsburgSpecial concurrence
Justice Stephen G. BreyerMajority

Full case caption

Virginia v. Barry Elton Black, Richard J. Elliott, and Jonathan O'Mara

SCDB identifiers: case 2002-039, docket 2002-039-01.

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Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error