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 no. | 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 |
| Case history | |
| Subsequent | On 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 | |
| |
| Case opinions | |
| Per curiam | |
| Concur/dissent | White |
| Dissent | Rehnquist, 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, was a landmark decision of the Supreme Court of the United States dealing with freedom of speech and freedom of assembly. This case is commonly reviewed in constitutional law classes. Related court decisions are captioned Skokie v. NSPA, Collin v. Smith and Smith v. Collin. The Supreme Court ruled 5–4, per curiam, granting certiorari and reversing and remanding the Illinois Supreme Court's denial to lift the lower court's injunction on the NSPA's march. The ruling dictated that when citizens assert that their speech is being restrained, the matter must be reviewed immediately by the judiciary. By requiring the state court to consider the neo-Nazis' appeal without delay, the Supreme Court decision allowed the National Socialist Party of America to march in Skokie.