The uproar over free expression and antisemitism on college campuses is evoking a controversy from the late 1970s that left a lasting mark on First Amendment case law and provided an enduring lesson on the importance of free speech in a democratic society.
In 1977, American Nazis led by Frank Collin sought permission to hold a rally in the Chicago suburb of Skokie, Illinois, the home of thousands of Holocaust survivors. Outraged by the group’s racist rhetoric and potential for violence, the town won a preliminary injunction in court barring the Nazis from assembling. Realizing correctly that the First Amendment protects unpopular and hateful speech, the American Civil Liberties Union defended the Nazis’ rights in a case that made national news and defined a generation of civil libertarians.
In this episode, Nico Perrino of the Foundation for Individual Rights and Expression (FIRE) reflects on why Skokie matters at a time of increasing hostility to free expression across the American political spectrum. Mr. Perrino co-directed the documentary Mighty Ira about Ira Glasser, who led the ACLU for 23 years after the intense backlash over its role in the Skokie case.
“Ultimately, what the Supreme Court did here was rule that First Amendment rights were in play,” Mr. Perrino said. The court had already held that prior restraint — a legal maneuver to prevent the speech from happening rather than punishing it afterward — was the essence of censorship.
The National Socialist Party of America prevailed in court but decided not to hold a rally in Skokie after all.
History As It Happens is available at washingtontimes.com or wherever you find your podcasts.
