Los Alamitos High School
American Government
Mr. Heeren
SKOKIE – SUPREME COURT DECISION
The Supreme Court decide 7 to 2, on October 16, 1978, to leave in effect a lower-court
ruling that the largely Jewish Chicago suburb of Skokie, Illinois violated the First Amendment
when it passed a series of ordinances designed to prevent demonstrations by the American
Nazis.
The justices’ actions amounted to a legal victory for the American Civil Liberties Union
(ACLU), which represented the Nazis in court and argued that the Skokie ordinances violated
constitutional guarantees of the freedoms of speech and assembly.
In dissent, Justice Harry A Blackmun protested that the high court should have used the
dispute between Skokie and the Nazis as a means of deciding “whether…there is no limit
whatsoever to the exercise of free speech.” The courts majority, however, spurned that
suggestion and refused, without further comment, to hear Skokie’s appeal.
In practical terms, the court’s action had little impact. In June 1978, American Nazi
leader Frank Collin called off plans to march in Skokie, the home of several thousand survivors
of Adolf Hitler’s Nazi regime. Collin said the Skokie march had been “pure agitation on our part
to restore our free speech.”
(from the Los Angeles Times)
Your Assignment:
Skokie Essay
Your essay about the Skokie case should include the following four parts.
1. Present the facts in the case
2. The positions taken by the various sides in the case
3. The legal outcome of the case
4. Your point of view
**All necessary information for your essay is on the back
Skokie Paper Outline
I.
The Facts of the Case
A. Who was involved
1. Nazis defended by the ACLU
2. Holocaust survivors, ADL & the Rabbi, Village government
B. What were they arguing over
1. Constitutional issue of free speech and assembly
2. Symbolic speech (swastika)
3. Prior restraint of speech
4. Heckler’s veto
C. When did this occur
1. April 1977
D. Where did this occur
1. Marquette Park, Chicago (denied)
2. Skokie (Chicago suburb)
a. Highly Jewish population and many Holocaust survivors
II. Positions of the Various Sides (On your film notes)
A. Holocaust Survivors & JDL (NEVER AGAIN!!!, fight the march by any means necessary)
B. Rabbi & ADL (Quarantine, non-violent protest)
C. ACLU (1st amendment rights, heckler’s veto and fighting words were not enough to restrain speech)
D. Nazis (free speech, use of the media and the courts to get publicity)
E. Skokie Village Government (legal challenges, roadblocks, ordinances…)
III. Legal Outcome
A. Cook County Circuit Court
1. Issued an injunction against the march (Marching w/ swastikas was “Fighting Words”)
2. Using the Heckler’s Veto they stopped the march (prior restraint)
B. State Appellate Court
1. Nazis can march in Uniform, but cannot wear the swastika (Marching w/ swastikas was “Fighting
Words”).
C. State Supreme Court
1. Swastika is not fighting words. The march is OK.
D. U.S. Supreme Court
1. Decided not to hear the case
2. Let the decision from the lower court stand (the March is OK)
IV. Your Own Opinion
Do you think there should be limitations on some forms of expression because they represent views that are
totally reprehensible? See your way through the arguments. Think critically on how important both of these
issues are and make an educated decision. Back that up with some of the arguments expressed in the video.
Be sure to add in all the interesting details from your notes and your memory. I don’t expect
your paper to follow this outline exactly, but I do expect all of this information to be in your
papers.
Papers should be typed, with a 12-point font and 1” margins. Length should be between two
and three pages.
Your paper is due
Friday, June 7 at the beginning of class
* Any work turned in late will receive ½ credit *
Film Notes = 10 pts.
Skokie Paper = 40 pts. (10 points per completely answered paragraph)
This assignment constitutes 10% of your overall grade in the class
Name: ____________________________________________
Skokie Film Notes Sheet
Directions: As you watch the video, keep track of the points argued FOR or AGAINST the march in Skokie by the major characters
The Holocaust Survivor
The Rabbi and the Antidefamation League
The ACLU Attorney
Define the following terms:
1. Quarantine:
2. Heckler’s Veto:
3. Prior Restraint:
4. Mentacide:
The Nazis
The Village Government