Village of Skokie v. National Socialist Party of America

The National Socialist Party of America (the NSPA) (defendant) notified officials of the village of Skokie, Illinois (the village) (plaintiff) that 30 to 50 NSPA members and supporters would hold a 20-to-30-minute peaceable, public assembly in the village to protest the Skokie Park District’s requirement that the NSPA obtain insurance before using Skokie’s public parks for public assemblies. The NSPA’s letter indicated that the demonstrators would wear uniforms bearing a swastika emblem or armband and carry a banner containing a swastika emblem and signs reading, for example, “White Free Speech,” but would not distribute or say anything derogatory about any ethnic or religious group. The village filed a complaint seeking to enjoin the NSPA and 10 NSPA officers and members (collectively, the party) (defendants) from engaging in certain activities during the demonstration. The complaint alleged that the party patterned its uniform after that of the German Nazi party, that more than half of the village’s residents were Jewish and included 5,000 to 7,000 survivors of German concentration camps, and that the party was committed to inciting hatred of Jews and non-Caucasians. The circuit issued an order enjoining certain conduct during the demonstration. The appellate court modified the injunction and enjoined the party from intentionally displaying the swastika in the course of any demonstration. The Illinois Supreme Court granted the party’s petition for leave to appeal.