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Forsyth County v. Nationalist Movement

United States Supreme Court
505 U.S. 123 (1992)

Written by Eric Miller, JD

Facts

Forsyth County (defendant) passed an ordinance that imposed a fee of up to $1,000 to obtain a permit for protests and similar demonstrations occurring on public property. The intent of the ordinance was to cover costs associated with providing police protection. Accordingly, each permit application required an assessment of the applicant’s potential need for protection. The Nationalist Movement (plaintiff) sought to demonstrate against the creation of a holiday in honor of Martin Luther King Jr. Forsyth County charged the Nationalist Movement a fee of $100 for a permit. The Nationalist Movement filed suit. The district court upheld the ordinance. The appellate court reversed, finding it unconstitutional on its face. The United States Supreme Court granted certiorari.

Rule of Law

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Holding and Reasoning (Blackmun, J.)

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Dissent (Rehnquist, C.J.)

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