National Socialist Party of America v. Village of Skokie

432 U.S. 43 (1977)

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National Socialist Party of America v. Village of Skokie

United States Supreme Court
432 U.S. 43 (1977)

JL
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Facts

The National Socialist Party of America (NSPA) (defendant) applied for a permit to demonstrate in the Village of Skokie, Illinois (plaintiff). Skokie was a suburb of Chicago with a majority-Jewish population. The NSPA generally demonstrated in a National Socialist uniform and displayed the swastika during demonstrations. The NSPA chose Skokie as a demonstration site after Chicago imposed a requirement for the NSPA to obtain $250,000 in liability insurance before being issued a permit for demonstration. The Skokie Park District required the NSPA to obtain $350,000 in liability insurance before being issued a permit. The NSPA then sought to congregate at Skokie Village Hall to denounce the denial of the application for the demonstration permit. Skokie granted the permit for the march on Village Hall. However, Skokie learned of plans for large counterdemonstrations in the community. Skokie then filed a lawsuit seeking an injunction preventing the NSPA from demonstrating. The trial court granted the injunction, prohibiting the NSPA from marching in the National Socialist uniform, from displaying the swastika, and from inciting or promoting hatred against persons of the Jewish faith or of any other faith. The NSPA applied for a stay of the injunction pending appeal. The request for the stay was denied by the Illinois Appellate Court and by the Illinois Supreme Court. The Illinois Supreme Court also denied leave for an expedited appeal. The NSPA petitioned the United States Supreme Court for review.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Rehnquist, J.)

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