1968 United States Supreme Court case
Carroll v. Town of Princess Anne Full case name Joseph Carroll, et al. v. President and Commissioners of Princess Anne Citations 393 U.S. 175 (more ) Generally, a state cannot preemptively prohibit persons from holding a public meeting without first notifying them and giving them an opportunity to challenge the decision. Chief Justice Earl Warren Associate Justices Hugo Black · William O. Douglas John M. Harlan II · William J. Brennan Jr. Potter Stewart · Byron White Abe Fortas · Thurgood Marshall Majority Fortas, joined by Warren, Douglas, Brennan, Harlan, Stewart, White, Marshall Concurrence Black U.S. Const. amend. I , XIV
Carroll v. Town of Princess Anne , 393 U.S. 175 (1968), was a United States Supreme Court case in which the Court held that a state cannot preemptively prohibit persons from holding a public meeting, without first notifying the persons involved, and providing the persons an opportunity to argue the decision, unless moving party can show (per the equivalent of today's Federal Rule of Civil Procedure 65) (1) that they made efforts to give to notice, and (2) explain to the court the reasons why such notice should not be required. The National States Rights Party won the case unanimously.
A white supremacist group, the National States Rights Party , held a rally in Princess Anne, Maryland on August 6, 1966. They intended to hold another public meeting the following day, but local citizens persuaded a Circuit Court judge to issue a 10-day restraining order, prohibiting the group from holding any rally "which will tend to disturb and endanger the citizens of the County". The Party was not given any advance notice of the restraining order, nor given an opportunity to argue against it. The Circuit Court then issued a 10-month restraining order. The Maryland court of appeals overturned the 10 month order, but upheld the 10 day order. The Party appealed to the Supreme Court.
Opinion of the Court [ edit ] The Supreme Court held that the 14th Amendment's guarantee of due process required the state to provide the group with notice and a hearing before a restraining order could be issued.[ 1] Justice Black concurred in the judgment.
The 10 day restraining order was set aside.
Notes and references [ edit ]
Public displays and ceremonies Statutory religious exemptions Public funding Religion in public schools Private religious speech Internal church affairs Taxpayer standing Blue laws Other
Unprotected speech
Incitement and sedition Defamation andfalse speech Fighting words and the heckler's veto True threats Obscenity Rosen v. United States (1896) United States v. One Book Called Ulysses (S.D.N.Y. 1933) Roth v. United States (1957) One, Inc. v. Olesen (1958) Smith v. California (1959) Marcus v. Search Warrant (1961) MANual Enterprises, Inc. v. Day (1962) Jacobellis v. Ohio (1964) Quantity of Books v. Kansas (1964) Ginzburg v. United States (1966) Memoirs v. Massachusetts (1966) Redrup v. New York (1967) Ginsberg v. New York (1968) Stanley v. Georgia (1969) United States v. Thirty-seven Photographs (1971) Kois v. Wisconsin (1972) Miller v. California (1973) Paris Adult Theatre I v. Slaton (1973) United States v. 12 200-ft. Reels of Film (1973) Jenkins v. Georgia (1974) Southeastern Promotions, Ltd. v. Conrad (1975) Erznoznik v. City of Jacksonville (1975) Young v. American Mini Theatres, Inc. (1976) Vance v. Universal Amusement Co., Inc. (1980) American Booksellers Ass'n, Inc. v. Hudnut (7th Cir. 1985) People v. Freeman (Cal. 1988) United States v. X-Citement Video, Inc. (1994) Reno v. ACLU (1997) United States v. Playboy Entertainment Group, Inc. (2000) City of Los Angeles v. Alameda Books, Inc. (2002) Ashcroft v. ACLU I (2002) United States v. American Library Ass'n (2003) Ashcroft v. ACLU II (2004) Nitke v. Gonzales (S.D.N.Y. 2005) United States v. Williams (2008) American Booksellers Foundation for Free Expression v. Strickland (6th Cir. 2009) United States v. Kilbride (9th Cir. 2009) United States v. Stevens (2010) Brown v. Entertainment Merchants Ass'n (2011) FCC v. Fox Television Stations, Inc. (2012) Free Speech Coalition v. Paxton (2025) Speech integral to criminal conduct
Strict scrutiny Overbreadth Vagueness Symbolic speech versus conductContent-based restrictions Content-neutral restrictions
Compelled speech Compelled subsidy of others' speech
Government grants and subsidies Government as speaker Loyalty oaths School speech Public employees Hatch Act and similar lawsLicensing and restriction of speech Commercial speech Valentine v. Chrestensen (1942) Rowan v. U.S. Post Office Dept. (1970) Pittsburgh Press Co. v. Pittsburgh Comm'n on Human Relations (1973) Lehman v. Shaker Heights (1974) Goldfarb v. Virginia State Bar (1975) Bigelow v. Virginia (1975) Virginia State Pharmacy Bd. v. Virginia Citizens Consumer Council (1976) Linmark Assoc., Inc. v. Township of Willingboro (1977) Carey v. Population Services International (1977) Bates v. State Bar of Arizona (1977) In re Primus (1978) Ohralik v. Ohio State Bar Association (1978) Friedman v. Rogers (1979) Consol. Edison Co. v. Public Serv. Comm'n (1980) Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) Metromedia, Inc. v. San Diego (1981) In re R.M.J. (1982) Hoffman Estates v. The Flipside, Hoffman Estates, Inc. (1982) Zauderer v. Off. of Disciplinary Counsel of Supreme Court of Ohio (1985) Pacific Gas & Electric Co. v. Public Utilities Comm'n of California (1986) Posadas de Puerto Rico Assoc. v. Tourism Co. of Puerto Rico (1986) San Francisco Arts & Athletics, Inc. v. U.S. Olympic Committee (1987) Shapero v. Kentucky Bar Association (1988) Riley v. Nat'l Fed'n of the Blind (1988) State University of New York v. Fox (1989) Peel v. Attorney Registration and Disciplinary Commission of Illinois (1990) City of Cincinnati v. Discovery Network (1993) Edenfield v. Fane (1993) United States v. Edge Broadcasting Co. (1993) Ibanez v. Florida Dept. of Business and Professional Regulation, Bd. of Accountancy (1994) Lebron v. National Railroad Passenger Corp. (1995) Rubin v. Coors Brewing Co. (1995) Florida Bar v. Went For It, Inc. (1995) 44 Liquormart, Inc. v. Rhode Island (1996) Glickman v. Wileman Brothers & Elliot, Inc. (1997) Greater New Orleans Broadcasting Assn., Inc. v. United States (1999) Los Angeles Police Department v. United Reporting Publishing Co. (1999) United States v. United Foods Inc. (2001) Lorillard Tobacco Co. v. Reilly (2001) Thompson v. Western States Medical Center (2002) Nike, Inc. v. Kasky (2003) Johanns v. Livestock Marketing Ass'n (2005) Tennessee Secondary School Athletic Assn. v. Brentwood Academy (2007) Milavetz, Gallop & Milavetz, P.A. v. United States (2010) Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA (2010) Sorrell v. IMS Health Inc. (2011) Expressions Hair Design v. Schneiderman (2017) Matal v. Tam (2017) Iancu v. Brunetti (2019) Barr v. American Association of Political Consultants (2020) Vidal v. Elster (2024) Campaign finance and political speechAnonymous speech State action Official retaliation Boycotts Prisons
Organizations Future Conduct Solicitation Membership restriction Primaries and elections