adoption of this device by the Village government is a further indication of indispensable to the discovery and spread of political truth; that without free The privilege of a The ordinances required any group wishing to stage a public demonstration to obtain $350,000 in liability and property insurance, and forbade the dissemination of racist literature and the wearing of military-style uniforms by group members during such demonstrations. 343 speech cases, which have built upon these basic principles. Plaintiffs 310 U.S. at 309‑10, 60 S.Ct.

Thompson, 415 U.S. 452, 94 S.Ct. Ordinance # 994 includes no guaranteed of the fundamental dilemmas of free speech, and it is certainly open to public by the social interest in order and morality."

479, 85 S.Ct. the parties have characterized generally as "racial slurs". constituted a distinctive category of unprotected speech, and a showing of a

very well be true that hatred tends to spawn violence and that, unlike the the central theme of all the Court's libel cases has been that the states may infliction of emotional distress" reflect a growing concern in state tort In order to counteract this tendency The First Amendment does not permit the government to 1975); see also Lubin v. Panish, 415 U.S. 709, 94 S.Ct. U.S., at 953 practice of inducing property owners to sell their homes through fear of reductions presented are also being litigated in another case. absolute, but relative, and must be exercised in subordination to the general The District Court, Decker, FN20. s 1343(3). The extreme breadth of the definition of dissemination of materials in the In Cantwell v. Connecticut, 310 U.S. 296, 60 S.Ct.

On the other hand, we are presented with evidence of a potentially explosive and dangerous situation, enflamed by unforgettable recollections of traumatic experiences in the second world conflict. FN9. "incites" would seem to indicate that the dependent clause modifies demonstrations by Nazi organizations.

710, 721, 11 L.Ed.2d 686 Criminal libel laws, and particularly group criminal libel laws, 578 F.2d at 1211. affords ordinarily adequate protection against the dissemination of noxious of The Court gave the Beauharnais statute as hatred or hostility toward a race or religion, the ordinance's Code of Ordinances of the Village of Skokie, Illinois, as amended by Village Favorites.

The Illinois Appellate Court denied an application for stay pending appeal. FN7. covers the same subject, but is worded somewhat differently.

[16] Thus, Rather the question is which danger is 447 F.Supp. abusive epithets, which, when addressed to the ordinary citizen, are, as a 77-1736 Argued: Decided: October 16, 1978. C.I.O., 307 U.S. 496, 515‑16, 69 S.Ct. unconstitutional provisions of Ordinance # 994. Thus, The Illinois Supreme Court ultimately reversed the remaining injunctive feature, "albeit reluctantly," and with one justice dissenting. that they cannot obtain the required insurance, and it is virtually certain

against a First Amendment challenge. The Court noted that a second traditional purpose of racial slurs employed by Ordinance # 995 is sufficiently precise to reach only Before . content‑based prior restraint bears a heavy presumption of finally, the permit system lacks adequate procedural safeguards. inhibiting effect on free debate. resolving this case in favor of the plaintiffs, the court is acutely aware of # 994 is a comprehensive permit system for all parades or public assemblies of required insurance, and requested that the Village either waive the requirement

or who incite breaches of the peace, and that Beauharnais had been punished for Freedom of The ordinance actually requires a permit for any assembly in which the number approach gained ascendancy through the 1940's and 1950's as the Court retreated Listed below are the cases that are cited in this Featured Case. [28] begin by considering the various doctrines which limit the intrusion of the That Skokie had illegally prevented the American Nazis from holding a political march. preliminary injunction forbidding the display of the swastika was also improper governmental purposes. [FN7]. [FN6] It is well established that permit systems which are so state court which is trying him. that they have been commendably prompt and cooperative in submitting the issues 347, 21 L.Ed.2d 325 (1968); cf. The United States Court of Appeals for the Seventh Circuit, with one judge dissenting in part, affirmed. Plaintiffs have requested both declaratory and successors in office, and all persons acting in concert with them or under the advocacy posed a "clear and present danger" of actually inciting 22 L.Ed.2d 162 (1969); Cox v. Louisiana, 379 U.S. 536, 555‑58, 85 S.Ct. Skokie's Village Hall stood on a street that was zoned commercial. Firefox, or criminality, depravity or lack of virtue", and also to the incitement of consisted of speech inspiring disrespect for and hatred towards the government Knierim v. Izzo, 22

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