National Socialist Party of America v. Village of Skokie

National Socialist Party v. Skokie
Supreme Court of the United States
Decided June 14, 1977
Full case nameNational Socialist Party of America et al. v. Village of Skokie
Docket no.76-1786
Citations432 U.S. 43 (more)
97 S. Ct. 2205; 53 L. Ed. 2d 96; 1977 U.S. LEXIS 113; 2 Media L. Rep. 1993
Case history
SubsequentOn remand, Vill. of Skokie v. Nat'l Socialist Party of Am., 51 Ill. App. 3d 279, 366 N.E.2d 347 (1977); affirmed in part, reversed in part, 69 Ill. 2d 605, 373 N.E.2d 21 (1978).
Holding
If a state seeks to impose an injunction in the face of a substantial claim of First Amendment rights, it must provide strict procedural safeguards, including immediate appellate review. Absent such immediate review, the appellate court must grant a stay of any lower court order restricting the exercise of speech and assembly rights.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
Per curiam
Concur/dissentWhite
DissentRehnquist, joined by Burger, Stewart
Laws applied
U.S. Const. amends. I, XIV

National Socialist Party of America v. Village of Skokie, 432 U.S. 43 (1977), arising out of what is sometimes referred to as the Skokie Affair,[1] was a landmark decision of the US Supreme Court dealing with freedom of speech and freedom of assembly. This case is considered a "classic" free speech case in constitutional law classes.[2] Related court decisions are captioned Skokie v. NSPA, Collin v. Smith,[3] and Smith v. Collin.[4] The Supreme Court ruled 5–4, per curiam.[5][6] The Supreme Court's 1977 ruling granted certiorari and reversed and remanded the Illinois Supreme Court's denial to lift the lower court's injunction on the NSPA's march.[7] In other words: the courts decided a person's assertion that speech is being restrained must be reviewed immediately by the judiciary.[8] By requiring the state court to consider the neo-Nazis' appeal without delay, the U.S. Supreme Court decision opened the door to allowing the National Socialist Party of America to march.

  1. ^ "Frank Colllin, et al. v. Albert Smith, et al". Skokie Public Library. Retrieved August 4, 2018.
  2. ^ Strum, Philippa (1999). When the Nazis came to Skokie : freedom for speech we hate. Lawrence, Kan.: University Press of Kansas. p. 2. ISBN 978-0700609406. OCLC 39936668.
  3. ^ Collin v. Smith, 578 F.2d 1197 (7th Cir. 1978).
  4. ^ Smith v. Collin, 439 U.S. 916 (1978) (denying certiorari).
  5. ^ National Socialist Party of America v. Village of Skokie, 432 U.S. 43 (1977) (per curiam).
  6. ^ "ILLINOIS HIGH COURT SANCTIONS SWASTIKAS IN NAZI PARTY MARCH; Justices 'Reluctantly' Overturn Ban on Demonstration in Skokie, Citing Free Speech Rights Appellate Court Upset Illinois Court Sanctions Swastikas". The New York Times. January 28, 1978. Retrieved December 1, 2018.
  7. ^ Oelsner, Lesley (June 16, 1977). "High Court Upsets a Ban in Illinois On Parade by Nazi-Styled Group". The New York Times. Retrieved December 1, 2018.
  8. ^ Hamlin, David (1980). The Nazi/Skokie Conflict: A Civil Liberties Battle. Boston: Beacon Press. p. 87.