In the case of National Socialist Party of America et al. v. Village of Skokie, 1976, the U.S Supreme Court ruled in favor of a neo-Nazi group's right to march through the predominantly Jewish community in Skokie, Illinois. The village had tried to prevent the march by requiring that they post an insurance bond and banning them from wearing Nazi uniforms or displaying swastikas during their demonstration. However, these restrictions were challenged as violations against First Amendment rights to free speech and assembly. The Supreme Court upheld lower court rulings which found that such prior restraints on expression were unconstitutional unless it could be proven beyond doubt that said expression would incite violence or pose a 'clear and present danger'. This landmark decision underscored how even deeply offensive forms of speech are protected under American law.

In the case of National Socialist Party of America et al. v. Village of Skokie, there was no formal dissenting opinion recorded as it was a per curiam decision (a ruling issued by an appellate court with multiple judges where the decision rendered is made by the court acting collectively). However, Justice William Rehnquist and Chief Justice Warren Burger did not participate in this consideration or decision. The Supreme Court ruled that without evidence that marching wearing Nazi uniforms would incite violence, Skokie could not ban National Socialist Party's march through their village based on content neutrality principle under First Amendment rights to freedom of speech and assembly.