
Imagine a German neo-Nazi who supported the Holocaust had received a visa and green card and then proceeded to lead pro-Nazi encampments and protests against blacks, gays, and Jews. If the government moved to revoke his status and deport him, would there be academic and left-wing protests against the alleged violation of his First Amendment rights?
To help us answer that question, let’s go back nearly half a century. In 1977, a group of neo-Nazis were denied the right to march through a neighborhood of Jewish Holocaust survivors in Skokie, Illinois. The American Civil Liberties Union—on whose national board I then served—made the courageous decision to defend their right to march on First Amendment grounds. This led to massive resignations from the organization and a significant cutback in contributions. I agreed with the decision then and continue to do so.