National Socialist Party of America v. Village of Skokie
Encyclopedia
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
.
announced the party's intention to march through the largely Jewish community of Skokie, Illinois
where one in six residents was a Holocaust survivor. Originally, the NSPA had planned a political rally in Marquette Park in Chicago
; however the Chicago authorities thwarted these plans, first, by requiring the NSPA post an onerous public-safety-insurance bond, then, by banning all political demonstrations in Marquette Park.
On behalf of the NSPA the ACLU challenged the injunction issued by the Circuit Court of Cook County, Illinois
prohibiting marchers at the proposed Skokie rally from wearing Nazi uniforms or displaying swastika
s. The ACLU was represented by civil rights attorney Burton Joseph
. The challengers argued that the injunction violated the First Amendment rights of the marchers to express themselves freely.
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 "[i]f 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." On remand, the Illinois Appellate Court eliminated the injunction against everything but the swastika, and the Illinois Supreme Court heard the case yet again, this time focusing on the First Amendment implications of the swastika
. Skokie attorneys argued that for Holocaust survivors, seeing the swastika was just like being physically attacked.
The Illinois Supreme Court allowed the National Socialist Party of America to march when it 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
."
relented and they marched there instead). In the summer of 1978 in response to the Supreme Court's decision, some Holocaust survivors set up a museum on Main Street to commemorate those who had died in the concentration camps.
In the 1980 comedy, The Blues Brothers
, there is a reference to the "Illinois Nazis" demonstrating after winning their court case. Elwood Blues then runs the group off a bridge, adding them to the ever widening circle of enemies that he and Jake gather throughout the movie.
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...
(1977) (sometimes referred to as the Skokie Affair), was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case dealing with freedom of assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
.
Facts of the case
In 1977 the leader of National Socialist Party of America Frank CollinFrank Collin
Francis Joseph "Frank" Collin formerly served as the leader of the National Socialist Party of America, whose plan to march in the predominantly Jewish suburb of Skokie, Illinois was the centerpiece of a major First Amendment decision by the U.S. Supreme Court, National Socialist Party of America...
announced the party's intention to march through the largely Jewish community of Skokie, Illinois
Skokie, Illinois
Skokie is a village in Cook County, Illinois, United States. Its name comes from a Native American word for "fire". A Chicago suburb, for many years Skokie promoted itself as "The World's Largest Village". Its population, per the 2000 census, was 63,348...
where one in six residents was a Holocaust survivor. Originally, the NSPA had planned a political rally in Marquette Park in Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
; however the Chicago authorities thwarted these plans, first, by requiring the NSPA post an onerous public-safety-insurance bond, then, by banning all political demonstrations in Marquette Park.
On behalf of the NSPA the ACLU challenged the injunction issued by the Circuit Court of Cook County, Illinois
Cook County, Illinois
Cook County is a county in the U.S. state of Illinois, with its county seat in Chicago. It is the second most populous county in the United States after Los Angeles County. The county has 5,194,675 residents, which is 40.5 percent of all Illinois residents. Cook County's population is larger than...
prohibiting marchers at the proposed Skokie rally from wearing Nazi uniforms or displaying swastika
Swastika
The swastika is an equilateral cross with its arms bent at right angles, in either right-facing form in counter clock motion or its mirrored left-facing form in clock motion. Earliest archaeological evidence of swastika-shaped ornaments dates back to the Indus Valley Civilization of Ancient...
s. The ACLU was represented by civil rights attorney Burton Joseph
Burton Joseph
Burton Allen Joseph was an American civil rights attorney. He represented clients in free speech cases, and represented the American Library Association in its suit that ultimately found the Communications Decency Act unconstitutional...
. The challengers argued that the injunction violated the First Amendment rights of the marchers to express themselves freely.
Prior history
Both the Illinois Appellate Court and the Illinois Supreme Court refused to stay the injunction. The case was then sent to the Supreme Court.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 "[i]f 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." On remand, the Illinois Appellate Court eliminated the injunction against everything but the swastika, and the Illinois Supreme Court heard the case yet again, this time focusing on the First Amendment implications of the swastika
Swastika
The swastika is an equilateral cross with its arms bent at right angles, in either right-facing form in counter clock motion or its mirrored left-facing form in clock motion. Earliest archaeological evidence of swastika-shaped ornaments dates back to the Indus Valley Civilization of Ancient...
. Skokie attorneys argued that for Holocaust survivors, seeing the swastika was just like being physically attacked.
The Illinois Supreme Court allowed the National Socialist Party of America to march when it ruled that the use of the swastika
Swastika
The swastika is an equilateral cross with its arms bent at right angles, in either right-facing form in counter clock motion or its mirrored left-facing form in clock motion. Earliest archaeological evidence of swastika-shaped ornaments dates back to the Indus Valley Civilization of Ancient...
is a symbolic form of free speech entitled to First Amendment protections and determined that the swastika itself did not constitute "fighting words
Fighting words
Fighting words are written or spoken words, generally expressed to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction...
."
Effect of the decision
Ultimately NSPA failed to carry through its intention (at the last minute, ChicagoChicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
relented and they marched there instead). In the summer of 1978 in response to the Supreme Court's decision, some Holocaust survivors set up a museum on Main Street to commemorate those who had died in the concentration camps.
In the 1980 comedy, The Blues Brothers
The Blues Brothers (film)
The Blues Brothers is a 1980 musical comedy film directed by John Landis and starring John Belushi and Dan Aykroyd as "Joliet" Jake and Elwood Blues, characters developed from a musical sketch on the NBC variety series Saturday Night Live. It features musical numbers by R&B and soul singers James...
, there is a reference to the "Illinois Nazis" demonstrating after winning their court case. Elwood Blues then runs the group off a bridge, adding them to the ever widening circle of enemies that he and Jake gather throughout the movie.