General Discussion
In reply to the discussion: Outrage erupts as police allow neo-Nazis to protest outside Georgia synagogue [View all]elleng
(141,926 posts)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.))