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elleng

(141,926 posts)
21. *On behalf of the NSPA, the American Civil Liberties Union (ACLU) challenged the injunction.
Mon Jun 26, 2023, 03:43 AM
Jun 2023

The ACLU assigned civil rights attorneys David Goldberger[18][25] and Burton Joseph to Collin's cases.[26][27] The ACLU argued that the injunction violated the First Amendment rights of the marchers to express themselves. The ACLU challenge was unsuccessful at the lower court level. . . In parallel litigation in the federal courts, under the caption Collin v. Smith, the village's ordinance was declared unconstitutional, first by the district court[33] and then by divided vote of the Seventh Circuit court of appeals.[3] Over a published dissent by Justice Blackmun (joined by Justice White) giving a detailed history of the case and an overview of the issues involved, the U.S. Supreme Court denied further review. . . Effect of the decision
In the summer of 1978, in response to the Supreme Court's decision, some Holocaust survivors set up a museum on the Main Street of Skokie to commemorate those who had died in the concentration camps. The Illinois Holocaust Museum and Education Center remains open today, having been moved to a new permanent location on Woods Drive in 2009.

Ultimately, the NSPA failed to carry through its march in Skokie, marching in Chicago instead when they had gained permission. From a legal point of view,[according to whom?] the litigation left undecided, at the Supreme Court level, whether such older precedents as Beauharnais v. Illinois and Terminiello v. Chicago remain authoritative statements of how the First Amendment applies to provocative and intimidating hate speech expressing fascist or racist ideas.[34] According to Nadine Strossen, the case was part of a gradual process in the 20th century where the Court strengthened First Amendment protections and narrowed down the application of earlier decisions which upheld restrictions of free speech, in part due to the realisation that the Illinois restrictions on Nazi "hate speech" were so broad they could have been equally used to prohibit Martin Luther King Jr. demonstrations in Skokie.'

((David Goldberger was a friend of mine, more experienced than I at the time.))

Recommendations

0 members have recommended this reply (displayed in chronological order):

Breath taking. Unbelievable. marble falls Jun 2023 #1
Fucking Insane Nazis. Cha Jun 2023 #2
Unacceptable! czarjak Jun 2023 #3
Perfectly acceptable brooklynite Jun 2023 #37
Fuck my feelings? Got it. czarjak Jun 2023 #43
"Someone else saying my speech is unacceptable doesn't make it so." Jedi Guy Jun 2023 #49
Well said! n/t SickOfTheOnePct Jun 2023 #50
Yelling fire in a crowded theater? czarjak Jun 2023 #54
A sidewalk is not a crowded theater. former9thward Jun 2023 #55
There are, of course, H2O Man Jun 2023 #56
Truth n/t SickOfTheOnePct Jun 2023 #48
Free speech equals Hate speech in this instance MagickMuffin Jun 2023 #4
Free speech often equals Hate speech. elleng Jun 2023 #18
At a glance I thought it was a Moms For Liberty rally Blue Owl Jun 2023 #5
Hate speech is not free speech. sheshe2 Jun 2023 #6
Bullhorns, perhaps other actions, made the difference in policing. Hortensis Jun 2023 #29
The First Amendment contains no exception for "hate speech" tritsofme Jun 2023 #32
Hate speech is free speech SickOfTheOnePct Jun 2023 #47
The term "hate speech" has no legal meaning. Their speech here is free speech. Jedi Guy Jun 2023 #52
Fortunately, the anti-Nazi protesters -- not in frame -- significantly outnumbered these cretins. Silent Type Jun 2023 #7
I find it horrific that we need to field anti-Nazisat all. My father was drafted... TreasonousBastard Jun 2023 #9
It had to be allowed to proceed. I remind you of one, George Lincoln Rockwell in Skokie, Ill. 3Hotdogs Jun 2023 #8
And the both ACLU and the courts got it wrong in that instance. GoneOffShore Jun 2023 #16
Skokie, yes, I remember it well! ShazzieB Jun 2023 #20
i lived in skokie at the time moonshinegnomie Jun 2023 #45
No one tried to march in Skokie. former9thward Jun 2023 #57
no masks! not afraid to publicly nazi. BlueWaveNeverEnd Jun 2023 #10
What I Noticed NowISeetheLight Jun 2023 #24
And yet likely they're mistaken... :) "Respectable" Georgians Hortensis Jun 2023 #31
Jon Minadeo, Jr.: Basically chased out of California, Buns_of_Fire Jun 2023 #11
Maybe it's just me but there sure seems to be a very thin line between free speech and LoisB Jun 2023 #12
There often is a thin line between the two. elleng Jun 2023 #19
May I remind inthewind21 Jun 2023 #34
I'd rather have this scum right out in the open, recognized by employers Warpy Jun 2023 #13
Exactly. And raising alarms in the community that "it" could happen here. Hortensis Jun 2023 #33
Choose Happy? Kablooie Jun 2023 #14
Make those motherfuckers famous! nvme Jun 2023 #15
Skokie, Ill 1977 part deux Hestia Jun 2023 #17
*On behalf of the NSPA, the American Civil Liberties Union (ACLU) challenged the injunction. elleng Jun 2023 #21
Terrorists grantcart Jun 2023 #22
MFL Book Fair? NowISeetheLight Jun 2023 #23
... Solly Mack Jun 2023 #25
Yet, police attacked black church people peacefully walking to the polls RSherman Jun 2023 #26
Were any police or officials ultimately fired? I see two group lawsuits Hortensis Jun 2023 #36
I don't know RSherman Jun 2023 #38
It has always been here JustAnotherGen Jun 2023 #27
Their faces are showing: Time to publicly name and shame. n/t LeftinOH Jun 2023 #28
Exactly! OldBaldy1701E Jun 2023 #44
Photograph. Identify. Shame. Kid Berwyn Jun 2023 #30
2 ladies holding the Nazi flag, will never live this down. " Stupid is VERY Stupid." Stuart G Jun 2023 #35
Antifa yankee87 Jun 2023 #39
Wearing a "Choose Happy" shirt and carrying a Nazi flag... LudwigPastorius Jun 2023 #40
They need to be identified and their names and employers published. LiberalFighter Jun 2023 #41
Disgusting but Elessar Zappa Jun 2023 #42
I would have liked to see counter protests by clowns riding tricycles and stilts... WarGamer Jun 2023 #46
Their leader is this Mexican-American psychopath: dalton99a Jun 2023 #51
Free speech can be abhorrent, but it is still free speech nonetheless. N/T Jedi Guy Jun 2023 #53
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