National Socialist Party of America v. Village of Skokie (1976)
General Overview-Frank Collin, The leader of the National Socialist Party of America, informed the Skokie police department that 30-50 individuals wearing uniforms similar to the Nazis were going to march on the village sidewalks to protest a bond for $350,000 to be posted for a park permit. The Jewish organization planned a counter demonstration which rose concern for too much violence.
General Overview-Frank Collin, The leader of the National Socialist Party of America, informed the Skokie police department that 30-50 individuals wearing uniforms similar to the Nazis were going to march on the village sidewalks to protest a bond for $350,000 to be posted for a park permit. The Jewish organization planned a counter demonstration which rose concern for too much violence.
Main Argument on each side-
Village of Skokie- The demonstration will bring too much violence. List of Justices and how they voted-
William J. Brennan, Jr.- Voted with majority Thurgood Marshall- Voted with majority Harry A. Blackburn- Voted with majority Lewis F. Powell, Jr.- Voted with majority John Paul Stevens- Voted with majority Warren E. Burger- Voted with minority Potter Stewart- Voted with minority Byron R. White- Voted with minority William H. Rehnquist- Wrote a dissent 5 votes for National Socialist Party, 4 votes against |
Main Argument on each side-
National Socialist Party of America- They believed they had the right to march. Majority Opinion-
Illinois must provide strict procedural safeguards, including appellate review, to deny a stay for an injunction depriving the Nazi Party of Protected First Amendment rights. Dissenting Opinion-
“ I simply do not see how the refusal of the supreme court of Illinois to stay an injunction granted for an inferior court within the state state system can be described as a ‘final judgement or decree rendered by the highest court og the stsate in which a decision could be had’.. Here all the supreme court has done is.. Deny a stay of a lower court ruling pending appeal. No illuinois appellate court has heard or decided the merits of applicants’ federal claim” (Rehnquist) |