Virginia v. Barry Elton Black
538 U.S. 343 · Decided April 7, 2003 · Supreme Court of the United States
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
- Court era
- Rehnquist Court
- 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 (SCDB)
- Protest demonstrations
- 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
| Justice | Vote | Separate writing |
|---|---|---|
| Chief Justice William H. Rehnquist | Majority | |
| Justice John Paul Stevens | Concurrence | Wrote an opinion |
| Justice Sandra Day O'Connor | Majority | Wrote an opinion |
| Justice Antonin Scalia | Dissent | Wrote an opinion |
| Justice Anthony M. Kennedy | Special concurrence | |
| Justice David H. Souter | Special concurrence | Wrote an opinion |
| Justice Clarence Thomas | Dissent | Wrote an opinion |
| Justice Ruth Bader Ginsburg | Special concurrence | |
| Justice Stephen G. Breyer | Majority |
Full case caption
Virginia v. Barry Elton Black, Richard J. Elliott, and Jonathan O'Mara
SCDB identifiers: case 2002-039, docket 2002-039-01.
Related decisions
Other cases on “Protest demonstrations”
- Deborah Morse v. Joseph Frederick
- John J. Hurley and South Boston Allied War Veterans Council v. Irish-American GayLaw held unconstitutional
- Albert Snyder v. Fred W. Phelps, Sr.
- Rav v. City of St. PaulLaw held unconstitutional
- Wood v. Moss
- United States v. Shawn D. EichmanLaw held unconstitutional
Cases on the same legal provision: First Amendment (speech, press, and assembly)
- Illinois ex Rel. Lisa Madigan v. Telemarketing Associates, Inc.
- Virginia v. Kevin Lamont Hicks
- United States v. American Library Association, Inc.
- Mitch McConnell v. Federal Election CommissionLaw held unconstitutional
- Republican Party of Minnesota v. Suzanne White
- Be & K Construction Company v. National Labor Relations Board
Same Term, same area (First Amendment)
- Illinois ex Rel. Lisa Madigan v. Telemarketing Associates, Inc.
- Virginia v. Kevin Lamont Hicks
- William Overton v. Michelle Bazzetta
- Federal Election Commission v. Christine Beaumont
- United States v. American Library Association, Inc.
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