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This is an old revision of this page, as edited by Schoe043 (talk | contribs) at 20:58, 1 December 2018 (Added additional citations in background section). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Potential Sources

Delgado, Richard, and Jean Stefancic. Must We Defend Nazis?: Hate Speech, Pornography, and the New First Amendment. New York: NYU Press, 1997.

Downs, Donald Alexander. Nazis in Skokie: Freedom, Community, and the First Amendment. Notre Dame, Ind.: University of Notre Dame Press, 1985.

Hamlin, David. The Nazi/Skokie Conflict: A Civil Liberties Battle. Boston: Beacon Press, 1980.

Neier, Aryeh. Defending My Enemy: American Nazis, the Skokie Case, and the Risks of Freedom. 1st ed. New York: E.P. Dutton, 1979.

Strum, Philippa. When the Nazis Came to Skokie: Freedom for Speech We Hate. [Lawrence, Kan.]: University Press of Kansas, 1999.

November 6 Edits

All italicized text is pulled from the original page.

Original Lead: National Socialist Party of America v. Village of Skokie, 432 U.S. 43 (1977),[1]arising out of what is sometimes referred to as the Skokie Affair,[2]is a United States Supreme Court case dealing with freedom of speech and freedom of assembly. Related court decisions are captioned Collin v. Smith[3]and Smith v. Collin.[4]Although summarily decided on procedural grounds, the necessary implication of the Supreme Court's 1977 NSPA decision — not directly stated in the unsigned, 5-4 per curiam opinion itself[1]— is that a group's request to engage in a parade or demonstration involving public display of the Nazi swastika is a symbolic form of free speech that is at least presumptively entitled to First Amendment protections. In other words, the Court's decision implies that First Amendment protection would not be denied to use of the swastika as a form of "fighting words". Three of the four dissenters stated their agreement with the majority's position that First Amendment protections were applicable to the NSPA's challenge to the Illinois injunction. (Only Justice Whitedid not join that statement.) By requiring the state court to consider the neo-Nazis' appeal without delay, the U.S. Supreme Court decision opened the door to allowing the National Socialist Party of America to march.

  • Plan: Look at Strum, Downs, and Delgado's arguments about the opinion and its implications of the case as well as what the dissenters said. Reword third sentence to make more concise.
  • Add Skokie v. NSPA to list
  • Link NSPA

Edits: National Socialist Party of America v. Village of Skokie, 432 U.S. 43 (1977),[1]arising out of what is sometimes referred to as the Skokie Affair,[2]is a United States Supreme Court case dealing with freedom of speech and freedom of assembly. This case is considered a "'classic' free speech case" in Constitutional law classes.[5] Related court decisions are captioned, Skokie v. NSPA, Collin v. Smith[3]and Smith v. Collin.[4] The Supreme Court ruled 5-4, per curiam.[6][7] The Supreme Court's 1977 ruling granted certiorari and reversed and remanded the Illinois Supreme Court's denial to lift the lower court's injunction on the NSPA's march.[8] In other words, the Court's decided that a person's assertion that their speech is being restrained must be reviewed immediately.[9]

Original Background: In 1977, Frank Collin, the leader of National Socialist Party of America, announced the party's intention to march through Skokie, Illinois. Skokie was home to a significant number of Jewish people, many of them survivors of the Holocaust.[10] Originally, the NSPA had planned a political rally in Marquette Park in Chicago; however the Chicago authorities blocked these plans by requiring the NSPA to post a public safety insurance bond and by banning political demonstrations in Marquette Park.

On behalf of the NSPA, the ACLU challenged the injunction issued by the Circuit Court of Cook County, Illinois, that prohibited marchers at the proposed Skokie rally from wearing Nazi uniforms or displaying swastikas. The ACLU was represented by civil rights attorneys David Goldberger[11] (later a professor at Ohio State's law school[12]) and Burton Joseph.[13][14] The challengers argued that the injunction violated the First Amendment rights of the marchers to express themselves.

  • Plan: Give more details about what happened. Already edited the sentence about the demographics of Skokie. Want to clarify timeline about Marquette park. Will also provide more details about events leading up to the first injunction filed by the Village of Skokie.

Edits: Before the Skokie Affair, Frank Collin and his Neo-Nazi group, the NSPA, would regularly hold demonstrations in Marquette Park, where the NSPA was headquartered. However, the Chicago authorities would eventually block these demonstrations by requiring the NSPA to post a public safety insurance bond of $350,000 and by banning political demonstrations in Marquette Park.[15][16] While Collin did file a lawsuit against the City of Chicago for a violation against his first amendment rights, he realized that this case would get tied up in the courts for far longer than he was willing to wait to begin marching again.[17] In October 1976, Collin sent out letters to the park districts of the North Shore suburbs of Chicago, requesting permits for the NSPA to hold a white power demonstration.[17] While some suburbs chose to ignore their letter, Skokie—home to a significant number of Jewish people, many of them survivors of the Holocaust[10] —chose to respond.[18] Before sending this reply, Skokie Park District, realizing they had no mechanism to stop Collin, had passed a resolution against people wearing military-style uniforms during demonstrations, rendering it impossible for the NSPA to be able to hold the event.[19]

Collin used this resolution as an opportunity to claim infringement upon his First Amendment rights and now wanted to protest in Skokie for the NSPA's right to free speech.[15] On March 20, 1977, Collin sent a letter to the Chief of Police and Park District, stating the NSPA's intentions to protest for their right to free speech on May 1. In the letters, he stated that about 30-50 members planned to demonstrate outside of the Village Hall on Sunday, May 1 from about 3-3:30 p.m. They wanted to hold up "signs proclaiming, "White Free Speech," "Free Speech for White Americans," and "Free Speech for the White Man.""[20]

  • I need to diversify my sources; will add additional citations.

At first, the Skokie mayor and Village Council intended to allow the NSPA to demonstrate and their tactic was to ignore them to give them as little publicity as possible. The Jewish community found this unacceptable and held meetings throughout the month of April to discuss the matter. They came to the consensus that the NSPA, whose uniform was modeled after the Nazi uniform, but with added swastikas, should not be allowed to come to Skokie. The mayor and the Village Council heard their concerns and on April 27, 1977, ordered Village attorney, Harvey Schwartz, to file an injunction.[21]

Adding; Not sure where yet

Heading(?): Lower Court Cases

Before the Illinois Appellate Court, in Skokie v. Collin, Goldberger argued that the government could not decide which symbols were acceptable within U.S. society. And the fighting words nor the captive audience doctrine were not applicable to the situation. The court ruled per curiam on July 11 that the swastika was not protected by the First Amendment. In other words, the NSPA could march, but they could not display the swastika during their march.[22]

After the Seventh Circuit Court ruled that Skokie's ordinances were unconstitutional, the Village of Skokie appealed to the United States Supreme Court. While the waiting for their appeal's appearance before the Court, Skokie also asked for a stay of NSPA's march. On June 12, the Court denied Skokie's request, 7-2, with Justices Blackmun and Rehnquist dissenting. There no explanation provided for this ruling.[23]

Reception


References

  1. ^ a b c National Socialist Party of America v. Village of Skokie, 432 U.S. 43 (1977) (per curiam).
  2. ^ a b Frank Colllin, et al. v. Albert Smith, et al., Skokie Public Library (last visited August 4, 2018).
  3. ^ a b Collin v. Smith, 578 F.2d 1197 (7th Cir. 1978).
  4. ^ a b Smith v. Collin, 439 U.S. 916 (1978) (denying certiorari).
  5. ^ Philippa., Strum, (1999). When the Nazis came to Skokie : freedom for speech we hate. Lawrence, Kan.: University Press of Kansas. p. 2. ISBN 0700609407. OCLC 39936668.{{cite book}}: CS1 maint: extra punctuation (link) CS1 maint: multiple names: authors list (link)
  6. ^ "FindLaw's United States Supreme Court case and opinions". Findlaw. Retrieved 2018-11-24.
  7. ^ "ILLINOIS HIGH COURT SANCTIONS SWASTIKAS IN NAZI PARTY MARCH; Justices 'Reluctantly' Overturn Ban on Demonstration in Skokie, Citing Free Speech Rights Appellate Court Upset Illinois Court Sanctions Swastikas". The New York Times. January 28, 1978. Retrieved 2018-12-01.
  8. ^ Oelsner, Lesley (June 16, 1977). "High Court Upsets a Ban in Illinois On Parade by Nazi-Styled Group". The New York Times. Retrieved 2018-12-01.
  9. ^ Hamlin, David (1980). The Nazi/Skokie Conflict: A Civil Liberties Battle. Boston: Beacon Press. p. 87.
  10. ^ a b Philippa., Strum, (1999). When the Nazis came to Skokie : freedom for speech we hate. Lawrence, Kan.: University Press of Kansas. p. 7. ISBN 0700609407. OCLC 39936668. {{cite book}}: Cite has empty unknown parameter: |1= (help)CS1 maint: extra punctuation (link) CS1 maint: multiple names: authors list (link)
  11. ^ "New Film Explores Skokie's Battle with Neo-Nazis". Chicago Tonight.
  12. ^ Professors: David A. Goldberger, Ohio State University Moritz College of Law (last visited August 4, 2018).
  13. ^ Grimes, William (April 4, 2010). "Burton Joseph, Lawyer in First Amendment Cases, Is Dead at 79". The New York Times. p. A22.
  14. ^ Burnette, Daarel (April 1, 2010). "Burton Joseph, 1930-2010: Attorney championed civil rights". Chicago Tribune.
  15. ^ a b Grossman, Ron (Mar 12, 2017). "The Neo-Nazis Vs. Skokie Corrected 03/15/2017]". The Chicago Tribune.
  16. ^ Lyon, Jeff (June 13, 1976). "Marquette Park-'little men,' big trouble". Chicago Tribune.
  17. ^ a b 1945-, Hamlin, David, (1980). The Nazi/Skokie conflict : a civil liberties battle. Mazal Holocaust Collection. Boston: Beacon Press. pp. 19–22. ISBN 0807032301. OCLC 6734784. {{cite book}}: |last= has numeric name (help)CS1 maint: extra punctuation (link) CS1 maint: multiple names: authors list (link)
  18. ^ Weinberg, Arthur (February 1, 1981). "The Neo-Nazi Battle with Skokie: As Dispatch from the Legal Front". Chicago Tribune.
  19. ^ Warden, Rob (June 30, 1977). "Nazis' March in Skokie, Ill., Stirs Emotion". The Washington Post.
  20. ^ Strum, Philippa (1999). When the Nazis came to Skokie: freedom for speech we hate. Lawrence, Kan.: University Press of Kansas. pp. 16–17. ISBN 0700609407.
  21. ^ Strum, Philippa (1999). When the Nazis came to Skokie: freedom for speech we hate. Lawrence, Kan.: University Press of Kansas. pp. 17–21. ISBN 0700609407.
  22. ^ Philippa., Strum, (1999). When the Nazis came to Skokie : freedom for speech we hate. Lawrence, Kan.: University Press of Kansas. p. 77. ISBN 0700609407. OCLC 39936668.{{cite book}}: CS1 maint: extra punctuation (link) CS1 maint: multiple names: authors list (link)
  23. ^ 1937-, Neier, Aryeh, (1979). Defending my enemy : American Nazis, the Skokie case, and the risks of freedom (1st ed ed.). New York: E.P. Dutton. p. 65. ISBN 0525089721. OCLC 4496585. {{cite book}}: |edition= has extra text (help); |last= has numeric name (help)CS1 maint: extra punctuation (link) CS1 maint: multiple names: authors list (link)
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