National Socialist Party of America v. Village of Skokie

National Socialist Party of America v. Village of Skokie
National Socialist Party v. Skokie
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Decided June 14, 1977
Full case name National Socialist Party of America et al. v. Village of Skokie
Docket nos. 76-1786
Citations 432 U.S. 43 (more)
97 S. Ct. 2205; 53 L. Ed. 2d 96; 1977 U.S. LEXIS 113; 2 Media L. Rep. 1993
Holding
If a state seeks to impose an injunction in violation of First Amendment rights, it must provide strict procedural safeguards, including immediate appellate review. Absent such review, a stay must be granted.
Court membership
Chief Justice
Warren E. Burger
Case opinions
Per curiam.
Concur/dissent White
Dissent Rehnquist, joined by Burger, Stewart
Laws applied
First Amendment of the United States Constitution

National Socialist Party of America v. Village of Skokie, 432 U.S. 43 (1977) (sometimes referred to as the Skokie Affair), was a United States Supreme Court case dealing with freedom of assembly.

Contents

Facts of the case

In 1977 the leader of National Socialist Party of America Frank Collin announced the party's intention to march through the largely Jewish community of Skokie, Illinois where one in six residents was a Holocaust survivor. Originally, the NSPA had planned a political rally in Marquette Park in Chicago; however the Chicago authorities thwarted these plans, first, by requiring the NSPA post an onerous public-safety-insurance bond, then, by banning all political demonstrations in Marquette Park.

On behalf of the NSPA the ACLU challenged the injunction issued by the Circuit Court of Cook County, Illinois prohibiting marchers at the proposed Skokie rally from wearing Nazi uniforms or displaying swastikas. The ACLU was represented by civil rights attorney Burton Joseph.[1][2] The challengers argued that the injunction violated the First Amendment rights of the marchers to express themselves freely.

Prior history

Both the Illinois Appellate Court and the Illinois Supreme Court refused to stay the injunction. The case was then sent to the Supreme Court.

On June 14, 1977, the Supreme Court ordered Illinois to hold a hearing on their ruling against the National Socialist Party of America, emphasizing that "[i]f a State seeks to impose a restraint [on First Amendment rights], it must provide strict procedural safeguards, including immediate appellate review...Absent such review, the State must instead allow a stay. The order of the Illinois Supreme Court constituted a denial of that right." On remand, the Illinois Appellate Court eliminated the injunction against everything but the swastika, and the Illinois Supreme Court heard the case yet again, this time focusing on the First Amendment implications of the swastika. Skokie attorneys argued that for Holocaust survivors, seeing the swastika was just like being physically attacked.

The Illinois Supreme Court allowed the National Socialist Party of America to march when it ruled that the use of the swastika is a symbolic form of free speech entitled to First Amendment protections and determined that the swastika itself did not constitute "fighting words."[3]

Effect of the decision

Ultimatly NSPA failed to carry through its intention (at the last minute, Chicago relented and they marched there instead). In the summer of 1978 in response to the Supreme Court's decision, some Holocaust survivors set up a museum on Main Street to commemorate those who had died in the concentration camps.

In the 1980 comedy, The Blues Brothers, there is a reference to the "Illinois Nazis" demonstrating after winning their court case. Elwood Blues then runs the group off a bridge, adding them to the ever widening circle of enemies that he and Jake gather throughout the movie.

See also

References

  1. ^ William Grimes, "Burton Joseph, Lawyer in First Amendment Cases, Is Dead at 79", The New York Times, April 4, 2010, page A22, available online.
  2. ^ Daarel Burnette II, "Burton Joseph, 1930-2010: Attorney championed civil rights", Chicago Tribune, April 01, 2010 [1]
  3. ^ National Socialist Party v. Skokie, 432 U.S. 43 (1977) - findlaw.com

External links

v · d · eUnited States First Amendment case law
 Freedom of speech
Sedition and
imminent danger
Fighting words and
the heckler's veto
Cantwell v. Connecticut (1940) • Chaplinsky v. New Hampshire (1942) • Terminiello v. Chicago (1949) • Feiner v. New York (1951) • National Socialist Party of America v. Village of Skokie (1977) • R. A. V. v. City of St. Paul (1992) • Snyder v. Phelps (2011)
Freedom of assembly
and public forums
Symbolic speech
Compelled speech
School speech
Tinker v. Des Moines Independent Community School District (1969) • Board of Education v. Pico (1982) • Bethel School District No. 403 v. Fraser (1986) • Hazelwood School District v. Kuhlmeier (1988) • Rosenberger v. University of Virginia (1995) • Morse v. Frederick (2007)
Obscenity
Rosen v. United States (1896) • United States v. One Book Called Ulysses (S.D.N.Y. 1933) • Roth v. United States (1957) • One, Inc. v. Olesen (1958) • Marcus v. Search Warrant (1961) • MANual Enterprises v. Day (1962) • Jacobellis v. Ohio (1964) • Quantity of Books v. Kansas (1964) • Freedman v. Maryland (1965) • Memoirs v. Massachusetts (1966) • Redrup v. New York (1967) • Ginsberg v. New York (1968) • Stanley v. Georgia (1969) • United States v. Thirty-seven Photographs (1971) • Kois v. Wisconsin (1972) • Miller v. California (1973) • Paris Adult Theatre I v. Slaton (1973) • United States v. 12 200-ft. Reels of Film (1973) • Jenkins v. Georgia (1974) • New York v. Ferber (1982) • American Booksellers v. Hudnut (7th Cir., 1985) • Renton v. Playtime Theatres, Inc. (1986) • Osborne v. Ohio (1990) • United States v. X-Citement Video (1994) • Reno v. American Civil Liberties Union (1997) • United States v. Playboy Entertainment Group (2000) • Ashcroft v. Free Speech Coalition (2002) • Ashcroft v. American Civil Liberties Union (2002) • Nitke v. Gonzales (S.D.N.Y., 2005) • United States v. Williams (2008) • American Booksellers Foundation for Free Expression v. Strickland (6th Cir., 2009) • United States v. Kilbride (9th Cir., 2009) • United States v. Stevens (2010)
Public employees
Garner v. Board of Public Works (1951) • Pickering v. Board of Education (1968) • Connick v. Myers (1983) • Rankin v. McPherson (1987) • Waters v. Churchill (1994) • Garcetti v. Ceballos (2006) • Borough of Duryea v. Guarnieri (2011)
Hatch Act
and similar laws
Ex parte Curtis (1882) • United Public Workers v. Mitchell (1947) • United States Civil Service Commission v. National Association of Letter Carriers (1973) • Broadrick v. Oklahoma (1973)
Commercial speech
Campaign finance and
political speech
Buckley v. Valeo (1976) • First National Bank of Boston v. Bellotti (1978) • Citizens Against Rent Control v. City of Berkeley (1981) • California Medical Association v. FEC (1981) • Brown v. Socialist Workers '74 Campaign Committee (1982) • FEC v. National Conservative Political Action Committee (1985) • FEC v. Massachusetts Citizens for Life (1986) • Austin v. Michigan Chamber of Commerce (1990) • McIntyre v. Ohio Elections Commission (1995) • Colorado Republican Federal Campaign Committee v. FEC (1996) • Nixon v. Shrink Missouri Government PAC (2000) • FEC v. Colorado Republican Federal Campaign Committee (2001) • McConnell v. FEC (2003) • FEC v. Beaumont (2003) • Randall v. Sorrell (2006) • FEC v. Wisconsin Right to Life, Inc. (2007) • Davis v. FEC (2008) • Citizens United v. FEC (2010) • Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett. (2011)

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