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>.
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