Resolving the Hate Crimes/Hate Speech Paradox: Punching Bias Crimes and Protecting Racist Speech
Frederick M. Lawrence · Journal of legislation · 2014
The "Skokie cases" consisted of two cases arising out of the attempt by the Nazi National Socialist Party of America to hold a march in the predominantly Jewish Chicago suburb of Skokie, Illinois in 1977 and 1978.The first case involved a state court injunction prohibiting the Nazi party from holding the march or exhibiting Nazi symbols or other materials that would promote hatred of Jews.An Illinois appellate court refused to stay the injunction and the United States Supreme Court, per curiam, by a 5-4 vote, reversed the denial of the stay and remanded the case to the Illinois state courts for further proceedings.National Socialist Party of America v. Village of Skokie, 432 U.S. 43 (1977).On remand, the injunction was modified by an appellate court, 366 N.E.2d 347 (Ill.App.Ct. 1977), and ultimately fully vacated by the Illinois Supreme Court.373 N.E.2d21 (Ill.1978).The second Skokie case involved three ordinances enacted by. the village of Skokie in May, 1977.The ordinances, which established a permit system for assemblies of more than fifty persons, required applicants to obtain insurance in the amount of $350,000 and barred permits for assemblies that would, inter alla, incite hatred of an ethnic, religious, or racial group.Each ordinance, was struck down as unconstitutional.Collin v.