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Nazis win appeal
on Skokie rally ban
By Patrick Oster
Sun-Times Bureau
WASHINGTON - The Supreme Court ruled
Wednesday that Illinois courts must review
their ban on a Nazi march in Skokie, apparently paving the way for a demonstration
within several weeks.
Immediately following the unsigned 5-to-4
decision, Nazi Party leader Frank Collin announced in Chicago that he group would
march in the suburb on July 4.
The high court ruling means Collin’s group,
the National Socialist Party of America, must
first go into state courts to get the ban lifted.
And Harvey Schwartz, the Skokie village
attorney, said the ruling does not affect ordinances passed by the village board since the
march was halted by court order in April. He
said those ordinances require sponsors of parades or rallies to take out a $350.000 liability
insurance policy and forbid appearing at a
march or rally in a Nazi-style uniform.
The injunction first was imposed by Circuit
Court Judge Joseph M. Wosik in response to a
Nazi demonstration planned for May 1. Wosik
said the ban was needed because of the possibility of violence between demonstrators and
counterdemonstrators.
The Nazis attempted to circumvent the injunction by showing up in Skokie a day early,
but Circuit Court Judge Harold W. Sullivan
issued an order halting that demonstration as
well. Skokie police turned the Nazi group
away near the-village border.
Skokie is a community of 70,000, including
40,000 Jewish residents, some 7,000 of whom
survived the Nazi horrors of Adolf Hitler’s
Germany. At the time of the injunction, Collin, comparing his followers to civil rights protesters of the 1960s said they wanted to
“march where our concept of white power is
most opposed.”
The Nazis asked the Illinois Appellate Court
to lift Wosik’s injunction temporarily while
they fought out the legality of the ban in the
courts. The court turned down the request on
April 29. And later the Illinois Supreme Court
did the same.
The Nazis petitioned the U.S. Supreme
Court to suspend or stay the injunction. And
in the Wednesday ruling, a bare majority of
the court agreed Illinois had erred in not temporarily lifting the injunction.
In the two-page unsigned opinion, the majority said that Illinois courts might have
been able to justify leaving Wosik’s broadly
worded injunction in force if the Nazis had
been provided “strict procedural safeguards,
including immediate appellate review. Absent
such review, the state must insteal allow a
stay.”
By implication, the majority said that whatever safeguards lllinois courts provided had
Turn to Page 34
Nazis win appeal on rally ban
Continued from Page 3
been insufficient. Without specifically stating
why, the justices reversed the Illinois Supreme Court’s denial of a stay and sent the
Nazis’ appeal to the. Illinois courts “for further proceedings not inconsistent with this
opinion.”
Justice William H. Rehnquist, writing for
two other dissenters implied that Wosik’s injunction, although he wouldn’t vote to lift it
temporarily was “extremely broad, and I
would expect that if the Illinois appellate
courts follow (recent Supreme Court) cases,
the injunction will be at least sustantially
modified by them.”
Rehnquist, joined by Chief Justice Warren
E. Burger and Justice Potter Stewart, said he
wouldn’t lift the injunction because lllinois
courts had not entered a “final order,” on the
matter, a requirement in such cases.
Justice Byron R. White dissented without
comment.
The majority found that there had been a
final order that allowed suspension of the
ban. Voting in the majority were Justices
John Paul Stevens, William J. Brennan Jr.,
Thurgood Marshall, Harry A. Blackman and
Lewis F. Powell Jr.
Wosik’s injunction banned the Nazis from
any of the following actions within Skokie:
“Marching, walking or parading in the unitorm of the National Socialist Party of America; marching, walking or parading or otherwise displaying the swastika on or off their
persons; distributing pamphlets or displaying
any materials which incite or promote hatred
against persons of Jewish faith or ancestry or
hatred against persons of any faith or ancestry, race or religion.”
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
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Attempted Nazi March in Skokie, 1977 and 1978, Digital Collection
Description
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<p>During the late 1970s, a small group of neo-Nazis based in Chicago attempted to hold a rally in the Village of Skokie, Illinois, a community that was known to have a large Jewish population. Local officials resisted the group’s efforts through by passing a series of ordinances aimed at preventing demonstrations or parades by hate groups. The ordinances were ultimately overturned following a series of state and federal lawsuits because they infringed on the group’s First Amendment rights and the neo-Nazis were issued a permit to demonstrate in Skokie. However, instead of facing the growing number of organized counter-demonstrators, the group held rallies in Federal Plaza and in Marquette Park in Chicago. <br /><br />Visit <a title="Attempted Nazi March in Skokie" href="https://skokiehistory.omeka.net/exhibits/show/attempted-nazi-march/timeline">Skokie Public Library's online exhibit</a> to see the events as they unfolded. The library's digital collection, seen here, includes newspaper articles, editorials, recordings from the Skokie Village Board of Trustees meetings, a memoir written by a local clergywoman, and two documentary films.</p>
<p>For further information, you can find more resources in the library. If you have questions or comments send us an <a title="email Skokie Public Library" href="mailto:tellus@skokielibrary.info">email </a>or call us at 847-673-3733.</p>
Relation
A related resource
<h3><a title="Attempted Nazi March in Skokie" href="https://skokiehistory.omeka.net/exhibits/show/attempted-nazi-march/timeline">Attempted Nazi March in Skokie online exhibit</a></h3>
Subject
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Skokie History
Creator
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Skokie Public Library
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Nazis win appeal on Skokie rally ban
Creator
An entity primarily responsible for making the resource
Oster, Patrick
Abstract
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The U.S. Supreme Court rules that Illinois courts must review their ban on a National Socialist Party of America (Nazi) march in Skokie.
Date
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6/16/1977
Subject
The topic of the resource
Demonstrations -- Illinois -- Skokie
National Socialist Party of America
Rehnquist, William H., 1924-2005
Source
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Chicago Sun-Times, Thursday, June 16, 1977, Sun-Times Co., Chicago, IL
Rights Holder
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©Sun-Times Co., Chicago, IL
Rights
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In Copyright http://rightsstatements.org/vocab/InC/1.0/
Identifier
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cst770616a.pdf
Language
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eng
Temporal Coverage
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1970s (1970-1979)
Contributor
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Skokie Public Library, Reference Department
newspaper clippings