National Socialist Party of America v. Village of Skokie
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| National Socialist Party v. Skokie | ||||||
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 Supreme Court of the United States |
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| 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 |
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| 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 | ||||||
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| 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.
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[edit] Facts of the case
The National Socialist Party of America (a Neo-Nazi group) planned a march in the town of Skokie, Illinois, a largely Jewish community. Some Skokie residents were Holocaust survivors. The neo-Nazi leader, Frank Collin, originally had proposed a march in Marquette Park on Chicago's Southwest side where their headquarters was located. The Park District asked for a huge insurance bond to indemnify them against any damage caused by the anticipated violence hoping that this requirement would dissuade them from marching. The neo-Nazis then threatened to march in Skokie.
[edit] Prior history
On behalf of the NSPA, the ACLU sued for the right of the National Socialists to march. The case was ultimately brought to the Illinois Supreme Court, but they refused to overrule the county court. Afterwards, it was brought to the U.S. Supreme Court. On June 14, 1977, the Supreme Court ordered Illinois to hold a hearing on their ruling against the Nazis. Illinois decided that the county court decision violated the First Amendment. Since other people were allowed to march without paying insurance, the neo-Nazis should be allowed to march too. A major side question, however, was whether the swastika should be allowed. One concentration camp survivor angrily declared, "I do not know if I could control myself if I saw the swastika in a parade." Skokie attorneys argued that for Jews, seeing the swastika was just like being physically attacked.
The United States Supreme Court sympathized with the Skokie residents, but allowed the National Socialist Party to march anyway. The Court 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."
[edit] Decision of the Court
The United States Supreme Court reversed the Illinois Supreme Court's decision.
[edit] Effect of the decision
In the summer of 1978, the Nazis finally held three rallies, but not in Skokie. All were in the Chicago area: Lincolnwood (near Skokie), the downtown Chicago Federal Center, and Marquette Park on the city's Southwest side. Attendance at the three rallies was very low, but the national attention brought on by the Supreme Court case gave them enough press coverage as to make a Skokie rally redundant.
Also as a response to the court's decision, Holocaust survivors set up a museum on Main Street to commemorate the people who died in the genocide.
[edit] Significance
The Skokie case shows that the First Amendment not only protects the views that most citizens support, but also unpopular beliefs. The First Amendment makes possible what Justice Oliver Wendell Holmes called "a marketplace of ideas" where all views can be expressed whether they were popular or not.
[edit] See also
- Skokie (Movie)
- Neo-Nazi groups of the United States
- List of United States Supreme Court cases, volume 432
- Battle of Cable Street
[edit] Sources
- National Socialist Party v. Skokie, 432 U.S. 43 (1977) - findlaw.com
- Chronology of Events
- Attempted Nazi March 1977 and 1978 in Skokie digitized document and recordings archive
