ABSTRACT

In Forsyth County, Georgia v. The Nationalist Movement, 505 US 123, the US Supreme Court considered whether an ordinance that required a permit for parades and demonstrations was constitutional. The case raised difficult issues of free speech rights pursuant to the First Amendment to the US Constitution. In a five–four decision, the Court held that the Forsyth County ordinance violated the First Amendment. The ordinance at issue in the case stemmed from two marches held in 1987 in Cummings, Georgia, the county seat of Forsyth County. In response, Forsyth County adopted an ordinance that required those wishing to hold a parade first to obtain a permit from the county's administrator. The ordinance also authorized the administrator to charge a fee, up to $1,000, for costs related to the parade, including police protection. After Forsyth County, other plaintiffs challenged the constitutionality of permit and licensing ordinances, with varying outcomes based on the language of the specific ordinances at issue.