Smith v. Collin

1978

Venue: SCOTUS

Facts: Illinois Nazis. Ordinance passed to prohibit dissemination of material that incites racial or religious hatred.

Posture: Lower courts find the ordinance to be unconstitutional. Petition for certiorari.

Issue: So is it unconstitutional?

Holding: Cert denied.

Rule:

Reasoning:

Dicta: Blackmun, dissenting: we should not have denied cert. This is a good case to decide whether there is any limit whatsoever on free speech. The fact that the courts below feel the need to apologize for upholding the law is a hint that this needs to be addressed.

Footnote: the Schenck theater is now "crowded."