Forsyth County, Georgia v. The Nationalist Movement
Encyclopedia
Forsyth County, Georgia v. The Nationalist Movement, 505 U.S. 123
(1992), was a case in which the United States Supreme Court limited the ability of local governments to charge fees for the use of public places for private activities. By 5-4, the court ruled that an ordinance allowing the local government to set varying fees for different events violated the First Amendment
due to the lack of "narrowly drawn, reasonable, and definite standards" governing the amount of the fee.
On January 17, 1987 a group of ninety demonstrators conducted a "March Against Fear and Intimidation" in Cumming
, Forsyth County, Georgia
that was met by as many as three hundred counter-protesters including the Forsyth County Defense League (an independent affiliate of The Nationalist Movement, which advocates the expulsion of all non-whites from the United States) and the Ku Klux Klan
. According to Forsyth County, Georgia
at least eight counter-protesters were arrested on charges of carrying concealed weapons and trespassing. The following weekend, January 24, 1987, there was a civil rights
march attended by 20,000 integrationists, including civil rights leaders, U.S. senators and other senior officials. They were met again by about counter-protesters led by The Nationalist Movement.
Sixty-six Nationalists were arrested on charges of parading without a permit. In the aftermath, all Nationalists were acquitted. In U.S. District Court in Atlanta, Judge William C. O'Kelley dismissed The Nationalist Movement v. Forsyth County, Georgia, threatened to charge Nationalists with perjury
, fined the Nationalists $8,000.00 for bringing a "frivolous" lawsuit and barred Richard Barrett, who also served as the Nationalists' attorney, from his court.
In the U.S. Court of Appeals for the 11th Circuit Barrett argued that no fees whatsoever could be charged; however, the court ruled for the Nationalists on the grounds that a "nominal" fee could be charged. Although there was a dispute over what was "nominal," O'Kelley was reversed and the fines were vacated. O'Kelley rescinded his ban on the Nationalists' attorney. Forsyth County appealed to the U.S. Supreme Court, in Forsyth County, Georgia v. The Nationalist Movement. Robert S. Stubbs III and Gordon A. Smith, arguing on behalf of Forsyth County, insisted that the Girl Scouts
and a local track club had been charged nominal fees, so the Nationalists were being treated equally. The American Civil Liberties Union
filed a friend-of-the-court brief in which they contended that a nominal fee of $100.00 sufficed. The high court ruled for the Nationalists on the ground that the ordinance unconstitutionally permitted the county to charge differing fees to different groups without any objective standards to prevent the county from basing the fee on the political views that a group sought to express.
, which had banned the Nationalists on the grounds that they did not comply with regulations mandating a thirty-day waiting-period and that providing police protection was "too costly." The city immediately rescinded its objections and provided police-protection.
In 2000, Morris County, New Jersey
, sued the Nationalists, alleging that they could not parade and rally because they refused to post a $8 million bond. The Nationalists removed the case from state court to federal court in Newark, where Judge John W. Bissell
held, in Morris County, New Jersey v. The Nationalist Movement, that although the bond was unconstitutional, officials could impose a "hold-harmless" clause, requiring the Nationalists to pay for damages caused by rioters against them. Bissell, also, refused to award attorney fees. On appeal to the U.S. Court of Appeals for the Third Circuit, Bissell was reversed, all restrictions were struck down and substantial attorney fees awarded to the Nationalists. The U.S. Park Service immediately removed its requirement for similar fees and bonds, which it had interposed for the Nationalists' rally at the Liberty Bell
. The event then proceeded, without restrictions and with full police protection. In the end, two Nationalists, Joshua Laub and Mathew McSweeney Sheard, were arrested for knocking over a speakerhttp://www.agrnews.org/issues/130/nationalnews.html.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1992), was a case in which the United States Supreme Court limited the ability of local governments to charge fees for the use of public places for private activities. By 5-4, the court ruled that an ordinance allowing the local government to set varying fees for different events violated the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
due to the lack of "narrowly drawn, reasonable, and definite standards" governing the amount of the fee.
The facts in the case
Prior Supreme Court opinions had held that public officials could charge fees as a pre-condition for activists to assemble in public places or march down public streets. The rationale was that a fee to recover the costs of police protection, clean-up, and administrative costs did not violate the right to speak and assemble under the First Amendment. The fees sometimes ranged into the millions of dollars.On January 17, 1987 a group of ninety demonstrators conducted a "March Against Fear and Intimidation" in Cumming
Cumming, Georgia
Cumming is a city in Forsyth County, Georgia, United States. The population was 5,430 at the 2010 census. However, places with a Cumming mailing address have a population of around 100,000...
, Forsyth County, Georgia
Forsyth County, Georgia
Forsyth County is a county located in the U.S. state of Georgia. The county seat is Cumming, Georgia. Forsyth County is a part of the Atlanta metropolitan area...
that was met by as many as three hundred counter-protesters including the Forsyth County Defense League (an independent affiliate of The Nationalist Movement, which advocates the expulsion of all non-whites from the United States) and the Ku Klux Klan
Ku Klux Klan
Ku Klux Klan, often abbreviated KKK and informally known as the Klan, is the name of three distinct past and present far-right organizations in the United States, which have advocated extremist reactionary currents such as white supremacy, white nationalism, and anti-immigration, historically...
. According to Forsyth County, Georgia
Forsyth County, Georgia
Forsyth County is a county located in the U.S. state of Georgia. The county seat is Cumming, Georgia. Forsyth County is a part of the Atlanta metropolitan area...
at least eight counter-protesters were arrested on charges of carrying concealed weapons and trespassing. The following weekend, January 24, 1987, there was a civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
march attended by 20,000 integrationists, including civil rights leaders, U.S. senators and other senior officials. They were met again by about counter-protesters led by The Nationalist Movement.
Sixty-six Nationalists were arrested on charges of parading without a permit. In the aftermath, all Nationalists were acquitted. In U.S. District Court in Atlanta, Judge William C. O'Kelley dismissed The Nationalist Movement v. Forsyth County, Georgia, threatened to charge Nationalists with perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
, fined the Nationalists $8,000.00 for bringing a "frivolous" lawsuit and barred Richard Barrett, who also served as the Nationalists' attorney, from his court.
In the U.S. Court of Appeals for the 11th Circuit Barrett argued that no fees whatsoever could be charged; however, the court ruled for the Nationalists on the grounds that a "nominal" fee could be charged. Although there was a dispute over what was "nominal," O'Kelley was reversed and the fines were vacated. O'Kelley rescinded his ban on the Nationalists' attorney. Forsyth County appealed to the U.S. Supreme Court, in Forsyth County, Georgia v. The Nationalist Movement. Robert S. Stubbs III and Gordon A. Smith, arguing on behalf of Forsyth County, insisted that the Girl Scouts
Girl Scouts of the USA
The Girl Scouts of the United States of America is a youth organization for girls in the United States and American girls living abroad. It describes itself as "the world's preeminent organization dedicated solely to girls". It was founded by Juliette Gordon Low in 1912 and was organized after Low...
and a local track club had been charged nominal fees, so the Nationalists were being treated equally. The American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
filed a friend-of-the-court brief in which they contended that a nominal fee of $100.00 sufficed. The high court ruled for the Nationalists on the ground that the ordinance unconstitutionally permitted the county to charge differing fees to different groups without any objective standards to prevent the county from basing the fee on the political views that a group sought to express.
Aftermath
The holding immediately impacted Simi Valley, CaliforniaSimi Valley, California
-2010:The 2010 United States Census reported that Simi Valley had a population of 124,237. The population density was 2,940.8 people per square mile...
, which had banned the Nationalists on the grounds that they did not comply with regulations mandating a thirty-day waiting-period and that providing police protection was "too costly." The city immediately rescinded its objections and provided police-protection.
In 2000, Morris County, New Jersey
Morris County, New Jersey
Morris County is a county located in the U.S. state of New Jersey, about west of New York City. According to the United States 2010 Census, the population was 492,276. It is part of the New York Metropolitan Area. Its county seat is Morristown....
, sued the Nationalists, alleging that they could not parade and rally because they refused to post a $8 million bond. The Nationalists removed the case from state court to federal court in Newark, where Judge John W. Bissell
John Winslow Bissell
John Winslow Bissell is an American judge and attorney who served as a Judge for the United States District Court for the District of New Jersey from 1982-2005...
held, in Morris County, New Jersey v. The Nationalist Movement, that although the bond was unconstitutional, officials could impose a "hold-harmless" clause, requiring the Nationalists to pay for damages caused by rioters against them. Bissell, also, refused to award attorney fees. On appeal to the U.S. Court of Appeals for the Third Circuit, Bissell was reversed, all restrictions were struck down and substantial attorney fees awarded to the Nationalists. The U.S. Park Service immediately removed its requirement for similar fees and bonds, which it had interposed for the Nationalists' rally at the Liberty Bell
Liberty Bell
The Liberty Bell is an iconic symbol of American Independence, located in Philadelphia, Pennsylvania. Formerly placed in the steeple of the Pennsylvania State House , the bell was commissioned from the London firm of Lester and Pack in 1752, and was cast with the lettering "Proclaim LIBERTY...
. The event then proceeded, without restrictions and with full police protection. In the end, two Nationalists, Joshua Laub and Mathew McSweeney Sheard, were arrested for knocking over a speakerhttp://www.agrnews.org/issues/130/nationalnews.html.
See also
- The Nationalist Movement
- Richard Barrett (lawyer)
- List of United States Supreme Court cases, volume 505
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court