PHL 304 Lecture Notes - Lecture 19: Aryan Race, Symbolic Speech, Harm Principle
Document Summary
Skokie v natl socialist party (1978) illinois supreme court: background: believes in the superiority of the aryan race. Skokie is predominantly jewish, sought to block activities planned by the nazis. Wanted to march, while wearing party uniform, display swastika, distribute pamphlets with anti-semitic hate. Want ruling by court to say they cant do this, because of harm principle. Nazi appealed and won with respect to marching while wearing party n uniform, and can display pamphlets. Draft: cohen wore a tshirt saying fuck the draft . If free speech is important, have to allow offensive ideas: was in central park. Weren"t walking through a town of 70,000: conclusion: first amendment gives the nazi rights to all three actions. The injunctions are unconstitutional: the skokie case is similar enough to rockwell case so that we don"t have to apply the fighting words doctrine. Krecz dk about that: the situations are very different.
