https://www.theguardian.com/us-news/2023/apr/19/charlottesville-white-nationalist-torch-marchers-indictedCarrying a flaming object in a protest is a felony in Virginia if there is an intent to intimidate. The issue is framed as intimidation, not concern about a fire hazard. I wonder if this law has been tested before on 1st Amendment grounds. Facially, it escapes me as to just why such a protest is not protected by the 1st Amendment, assuming it was otherwise lawful. Flaming torches, or lighted candles aside, does the intent to intimidate without any other legal violation take a protest out of the 1st Amendment protection zone? I would not think so. The 1st Amendment is at its zenith of import when it protects unpopular and indeed even execrable speech.
I guess we will find out in due course given the indictment.
I am putting this on this Board because the interesting issue at this point is the Constitutional one, at least to me.
The article I would note is silent on the speech issue, which is itself troubling.
