National Socialist Party of America v. Village of Skokie: Difference between revisions
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{{SCOTUSCase |
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|Litigants=National Socialist Party v. Skokie |
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|ArgueDate= |
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|ArgueYear= |
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|DecideDate=June 14 |
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|DecideYear=1977 |
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|FullName= National Socialist Party of America et al. v. Village of Skokie |
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|USVol=432 |
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|USPage=43 |
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|Citation=97 S. Ct. 2205; 53 L. Ed. 2d 96; 1977 U.S. LEXIS 113; 2 Media L. Rep. 1993 |
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|Prior= |
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|Subsequent= |
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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. |
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|Oral Argument= |
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|SCOTUS=1975-1981 |
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|Docket=76-1786 |
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|PerCuriam=yes |
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|Majority= |
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|JoinMajority= |
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|Concurrence= |
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|Concurrence2= |
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|Concurrence/Dissent=White |
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|JoinConcurrence/Dissent= |
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|Dissent=Rehnquist |
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|JoinDissent=Burger, Stewart |
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|Dissent2= |
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|JoinDissent2= |
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|LawsApplied=[[First Amendment of the United States Constitution]] |
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}} |
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'''''National Socialist Party of America v. Village of [[Skokie, Illinois|Skokie]]''''', [[Case citation|432 U.S. 43]] ([[1978]]) (sometimes referred to as the '''Skokie Affair'''), was a [[Supreme Court of the United States|United States Supreme Court]] case dealing with [[freedom of assembly]]. 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 had been [[Holocaust]] survivors. The neo-Nazis 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. |
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==Prior history== |
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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. |
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The Illinois Supreme Court sympathized with the Skokie residents, but decided that the swastika could not be banned since war protesters could wear black armbands ([[Tinker v. Des Moines Independent Community School District]]). |
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==Decision of the Court== |
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The United States Supreme Court let the Illinois decision stand. |
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==Effect of the decision== |
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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. It's said that the national attention brought on by the Supreme Court case gave them enough press coverage as to make a Skokie rally redundant. |
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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. |
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==Significance== |
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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 Holmes called "a marketplace of ideas" where all views can be expressed whether they were popular or not. |
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==See also== |
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* [[Skokie (Movie)]] |
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* [[Neo-Nazi groups of the United States]] |
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* [[List of United States Supreme Court cases, volume 432]] |
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==References== |
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*[http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=432&invol=43 National Socialist Party v. Skokie, 432 U.S. 43 (1977) - findlaw.com] |
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*[http://aclu.procon.org/viewresource.asp?resourceID=425 ACLU ProCon] |
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*[http://www.skokiehistory.info/chrono/nazis.html Chronology of Events] |
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*[http://skokiepubliclibrary.info/s_info/in_biography/attempted_march/index.asp Attempted Nazi March of 1977 and 1978 in Skokie digitized document and recordings archive] |
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{{SCOTUS-stub}} |
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[[Category:1978 in law]] |
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[[Category:United States First Amendment case law]] |
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[[Category:United States Supreme Court cases]] |
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[[Category:United States Supreme Court case articles without infoboxes]] |
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[[Category:Neo-Nazism]] |
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[[Category:Jews and Judaism in Chicago]] |
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[[Category:History of racism in the United States]] |
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Revision as of 19:19, 11 November 2008
this website is a wack on do not use it