Jump to content

National Socialist Party of America v. Village of Skokie

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by Schoe043 (talk | contribs) at 19:18, 9 December 2018 (Added sources to the Further reading section). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

National Socialist Party v. Skokie
Supreme Court of the United States
Decided June 14, 1977
Full case nameNational Socialist Party of America et al. v. Village of Skokie
Docket no.76-1786
Citations432 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 the face of a substantial claim of First Amendment rights, it must provide strict procedural safeguards, including immediate appellate review. Absent such immediate review, the appellate court must grant a stay of any lower court order restricting the exercise of speech and assembly rights.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
Per curiam
Concur/dissentWhite
DissentRehnquist, 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),[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.[3] Related court decisions are captioned, Skokie v. NSPA, Collin v. Smith,[4] and Smith v. Collin.[5] 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] 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.

Background

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 plans by requiring the NSPA to post a $350,000 public safety insurance bond and by banning political demonstrations in Marquette Park.[10][11] 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.[12]On October 4, 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.[12][13] While some suburbs chose to ignore their letter, Skokie—home to a significant number of Jewish people, many of them survivors of the Holocaust[14]—chose to respond.[15]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.[16][17]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.[17]

In addition to filing the injunction, the Village of Skokie passed three ordinances on May 2, 1977 to prevent any future event like the NSPA's request.[18]One state that people could not wear military-style uniforms during demonstrations.[19][20]The two other ordinances prohibited the distribution of material containing hate speech and a $350,000 insurance bond.[20][21]These ordinances rendered it impossible for the NSPA to be able to hold the event.[19]

Collin used both the injunction and ordinances 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.[22] 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.[23][24]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. and they planned to hold up signs demanding free speech for white men.[23][24]

Preceding lower court cases

Schwartz would file an emergency injunction to the Circuit Court of Cook County on May 1, 1977.[25] 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 had assigned civil rights attorneys David Goldberger[26] (later a professor at Ohio State's law school[27]) and Burton Joseph to Collin's cases.[28][29] The plaintiffs argued that the injunction violated the First Amendment rights of the marchers to express themselves.

The case began in the local Cook County court, when the Village government successfully sued, under the caption Village of Skokie v. NSPA, for an injunction to bar the demonstration. The ACLU appealed on behalf of NSPA, but both the Illinois Appellate Court and the Illinois Supreme Court refused to expedite the case or to stay the injunction. The ACLU then appealed that refusal to the Supreme Court of the United States.[1]

Supreme Court ruling and subsequent cases

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 "if 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."[1] On remand, the Illinois Supreme Court sent the case back to the Illinois Appellate Court. The Appellate Court ruled per curiam on July 11, 1977 that the swastika was not protected by the First Amendment.[30] In other words, the NSPA could march, but they could not display the swastika during their march.[31][32]

In its full review of the case, the Illinois Supreme Court focused on the First Amendment implications of display of the swastika. Skokie attorneys argued that for Holocaust survivors, seeing the swastika was like being physically attacked. The state Supreme Court rejected that argument, ruling that display 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."[33] Its ruling allowed the National Socialist Party of America to march.

In parallel litigation in the federal courts, under the caption Collin v. Smith, the Village's ordinance was declared unconstitutional, first by the district court[34] and then by divided vote of the Seventh Circuit court of appeals.[4] Over a published dissent by Justice Blackmun (joined by Justice White) giving a detailed history of the case and an overview of the issues involved, the U.S. Supreme Court denied further review.[5]

Effect of the decision

In the summer of 1978, in response to the Supreme Court's decision, some Holocaust survivors set up a museum on the Main Street of Skokie to commemorate those who had died in the concentration camps. Ultimately the NSPA failed to carry through its march in Skokie. (Gaining permission in Chicago, they marched there instead.) From a legal point of view, the litigation left undecided, at the Supreme Court level, whether such older precedents as Beauharnais v. Illinois and Terminiello v. Chicago remain authoritative statements of how the First Amendment applies to provocative and intimidating hate speech expressing fascist and/or racist ideas.

See also

References

  1. ^ a b c National Socialist Party of America v. Village of Skokie, 432 U.S. 43 (1977) (per curiam).
  2. ^ Frank Colllin, et al. v. Albert Smith, et al., Skokie Public Library (last visited August 4, 2018).
  3. ^ 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)
  4. ^ a b Collin v. Smith, 578 F.2d 1197 (7th Cir. 1978).
  5. ^ a b Smith v. Collin, 439 U.S. 916 (1978) (denying certiorari).
  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. ^ Grossman, Ron (Mar 12, 2017). "The Neo-Nazis Vs. Skokie Corrected 03/15/2017]". The Chicago Tribune.
  11. ^ Lyon, Jeff (June 13, 1976). "Marquette Park-'little men,' big trouble". Chicago Tribune.
  12. ^ 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)
  13. ^ Collin, Frank (October 4, 1976). "Letter from Frank Collin to Skokie Park District, October 4, 1976 :: Skokie's Attempted Nazi March Archive". www.idaillinois.org. Retrieved 2018-12-04. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  14. ^ Strum, Philippa (1999). When the Nazis came to Skokie : freedom for speech we hate. Lawrence, Kan.: University Press of Kansas. p. 7. ISBN 0700609407. OCLC 39936668.
  15. ^ Weinberg, Arthur (February 1, 1981). "The Neo-Nazi Battle with Skokie: As Dispatch from the Legal Front". Chicago Tribune.
  16. ^ Conroy, John (June 11, 1978). "Ugliness and swastikas in Skokie". Boston Globe.
  17. ^ a b 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.
  18. ^ "Skokie passes three ordinances". Skokie Public Library Digital Collections. Retrieved Dec 4, 2018. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  19. ^ a b Warden, Rob (June 30, 1977). "Nazis' March in Skokie, Ill., Stirs Emotion". The Washington Post.
  20. ^ a b Barnett, Brett A. (2007). Untangling the web of hate: are online "hate sites" deserving of First Amendment protection?. Youngstown, N.Y.: Cambria Press. p. 91. ISBN 9781934043912. OCLC 818658372.{{cite book}}: CS1 maint: date and year (link)
  21. ^ Dubey, Diane; Bernstein, Al (June 16, 1977). "Nazis now plan July 4 demonstration in Skokie". skokiehistory.omeka.net. Retrieved 2018-12-04. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  22. ^ Grossman, Ron (Mar 12, 2017). "The Neo-Nazis Vs. Skokie Corrected 03/15/2017]". The Chicago Tribune. {{cite news}}: Cite has empty unknown parameter: |1= (help)
  23. ^ a b 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.
  24. ^ a b Conroy, John (June 11, 1978). "Ugliness and swastikas in Skokie". Boston Globe.
  25. ^ "Village of Skokie v. National Socialist Party of America, et al., Docket No 77-2702, Circuit Court of Cook County, llinois, Chancery Division". skokiehistory.omeka.net. Retrieved 2018-12-04. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  26. ^ "New Film Explores Skokie's Battle with Neo-Nazis". Chicago Tonight.
  27. ^ Professors: David A. Goldberger, Ohio State University Moritz College of Law (last visited August 4, 2018).
  28. ^ Grimes, William (April 4, 2010). "Burton Joseph, Lawyer in First Amendment Cases, Is Dead at 79". The New York Times. p. A22.
  29. ^ Burnette, Daarel (April 1, 2010). "Burton Joseph, 1930-2010: Attorney championed civil rights". Chicago Tribune.
  30. ^ Kneeland, Douglas E. (July 22, 1977). "Troubles Multiply for Nazi Leader in Chicago Suburb". The New York Times.
  31. ^ "High court judge upholds ban on swastikas in Skokie march". The Chicago Tribune. August 27, 1977.
  32. ^ 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)
  33. ^ Village of Skokie v. Nat'l Socialist Party of America, 69 Ill.2d 605, 373 N.E.2d 21 (1978).
  34. ^ Collin v. Smith, 447 F. Supp. 676 (N.D. Ill. 1978).

Further reading

External links

Retrieved from "https://en.wikipedia.org/w/index.php?title=National_Socialist_Party_of_America_v._Village_of_Skokie&oldid=872870837"