National Socialist Party of America v. Village of Skokie
| National Socialist Party v. Skokie | |
|---|---|
|
|
| Decided June 14, 1977 | |
| Full case name | National Socialist Party of America et al. v. Village of Skokie |
| Docket nos. | 76-1786 |
| Citations | 432 U.S. 43 (more)
97 S. Ct. 2205; 53 L. Ed. 2d 96; 1977 U.S. LEXIS 113; 2 Media L. Rep. 1993
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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. | |
| Court membership | |
| Case opinions | |
| Per curiam. | |
| Concur/dissent | White |
| Dissent | Rehnquist, 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) (also known as Smith v. Collin; sometimes referred to as the Skokie Affair), was a United States Supreme Court case dealing with freedom of assembly. The outcome was that the Illinois Supreme Court 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". Its ruling allowed the National Socialist Party of America to march.
In 1977 Frank Collin, the leader of National Socialist Party of America, announced the party's intention to march through Skokie, Illinois. In the predominantly Jewish community, one in six residents was a Holocaust survivor or was directly related to one. Originally, the NSPA had planned a political rally in Marquette Park in Chicago; however the Chicago authorities blocked these plans by requiring the NSPA to post a public safety insurance bond and by banning political demonstrations in Marquette Park.
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 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.
Both the Illinois Appellate Court and the Illinois Supreme Court refused to stay the injunction. The case was sent to the Supreme Court of the United States.
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