Droit - anglais : kkk wants hit the streets of manhattan

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  • Publié le : 7 décembre 2010
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Case: KKK wants hit the streets of Manhattan.

The court of first instance tried that the Ku Klux Klan had the right to march masked.

The Mayor Guiliani’s against the decision, sayingthe procession would be a provocation under Black, Latinos and Jewish people. He added the march could be dangerous cause riots it could trigger.

If we examine the Klansmen’s request it’s a matterof a procession without violence, the aim being to pronounce a speech and to assemble people sharing an opinion.

In a first place, on the United States Constitution’s first amendment’s basis:Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably toassemble, and to petition the Government for a redress of grievances.

And in a second place basing on legal precedents, case National Socialist Party of America vs Village of Skokie, 1977; TheNational Socialist Party of America, a Neo-Nazi group, planned a march in the town of Skokie, Illinois, a largely Jewish community. Many Skokie residents were Holocaust survivors. The neo-Nazi leader,Frank Collin, originally had proposed a march in Marquette Park on Chicago's Southwest side where their headquarters were located. The Park District asked for a huge insurance bond to indemnify themagainst any damage caused by the anticipated violence hoping that this requirement would dissuade them from marching. The neo-Nazis then threatened to march in Skokie.

The case was ultimately brought tothe Illinois Supreme Court where they overturned the ruling of the District court. Afterwards, it was brought to the U.S. Supreme Court. On June 14, 1977, the Supreme Court ordered Illinois to hold ahearing on their ruling against the Nazis. Illinois decided that the county court decision violated the First Amendment. Since other people were allowed to march without paying insurance, the...
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