Law and Society Essay
This paper is about a case study about the American Nazi Party, which was to hold a rally in the Skokie city. For any society to operate normally there must be some laws to be followed. Law therefore is the acceptable rules and regulations within the society. They are always spelt out in a constitution, which can be either written or unwritten.
The Nazis were to hold a rally in the city but got a court injunction fearing that the rally will cause violence in the city. The fact that violence will rise from such a rally is infringement of American right to assembly. America constitution forbids the government to arrest an individual on fear that he or she will break the law otherwise the arrest will only take place when the law shall have been broken. It is the duty of the police to check on the crowd to see into that they don’t break the law. The case was based on the precedent case according to the first amendment
“The congress shall make no law...abridging the freedom of speech or of the press or the right of the people to peacefully assemble...” (The American Constitution)
The first amendment applies to all American citizens equally but other groups are treated preferentially therefore the law is selective in its application. It is based on the voice of the majority which overrides the minority’s voice. The court argued on this basis. The court decided that the rally should go on as planned since the attempt by the government to barn the rally infringes the Americans right to assembly. The American Nazi Party finally won the case and the rally was held under tight security to avoid any violence that may arise.
Generally, in a democratic society like America, the voice of the majority is the say and the final authority as spelt out in the statutes of the first amendment.