National Socialist Party of
America v. Village of Skokie
Origins of the Case
- Town of Skokie, IL
- High Jewish Population
- National Socialist Party (“Nazis”) planned a
peaceful protest
- Cook County court barred the National
Socialist Party from having their protest, due
to some citizens’ testimonies that it could lead
to violence
Which Amendments Apply
●
First Amendment- Freedom of Speech, peaceful protest/assembly
Constitutional Question
Was the the National Socialist Party of America unconstitutionally denied a stay by the
local Skokie Court and the Illinois State court and was their right to assembly
impeded?
Decision
Cook County Court - Denied right to protest and denied stay, injunction filed
Illinois Court - Denied stay against injunction
Supreme Court - Found that the court prior had denied the Nazi Party their first
amendment rights
Quote:
“ In a per curiam opinion, the Court held that 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. The Court treated the Illinois
Supreme Court's denial of a stay as a final judgment for the purposes of Supreme
Court jurisdiction because it involved a right separable from and collateral to the
merits of the Nazi Party's case. Hence, the Court also treated the Nazi Party's
application for a stay as a petition for certiorari. The Court reversed and remanded the
case for further proceedings.” (Oyez)
How the Supreme Court Came to Their Decision
The Supreme Court found that it was illegal
to simply deny the Nazi Party their stay
against the injunction.
According to the Supreme Court, the Illinois
Court’s order is considered a final
judgement, and the Illinois court denied the
Nazi Party their rights to immediate
appellate review.
How They Interpreted the Constitution.
According to the Nazi Party, the denial
of a stay against the injunction infringed
upon their first amendment rights
during the period of appellate review.
The Supreme Court agreed.
Work Cited
"National Socialist Party of America v. Village of Skokie." Oyez. Chicago-Kent College
of Law at Illinois Tech, n.d. Sep 14, 2016. <https://www.oyez.org/cases/1976/76-1786>
"FindLaw's United States Supreme Court Case and Opinions." Findlaw. Findlaw, n.d.
Web. 14 Sept. 2016. <http://caselaw.findlaw.com/us-supreme-court/432/43.html>.