Carroll v. President and Commissioners of Princess Anne Case Brief Summary | Law Case Explained

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Carroll v. President and Commissioners of Princess Anne | 393 U.S. 175 (1968)

Prior restraints violate the First Amendment. A preliminary injunction is a prior restraint if the order prohibits speech before a court can make a finding that the speech isn’t protected. In Carroll versus President and Commissioners of Princess Anne, a gagged party made a prior restraint argument, but the Court wasn’t interested in speaking to that issue.

The National States Rights Party, a White supremacist group, held a rally in Princess Anne, Maryland. At the rally, Joseph Carroll and other group members made incendiary, racist remarks. Because the group planned to continue the rally the following night, officials sought a temporary restraining order in a Maryland trial court. Despite Carroll’s presence in town, officials didn’t let Carroll know about the proceeding. In Carroll’s absence, the trial judge held an ex parte hearing and issued a ten-day order barring Carroll from holding gatherings. The group complied. Both sides then convened for a trial, which resulted in a longer, ten-month restraining order. Carroll appealed to the Maryland Court of Appeals, which struck down the ten-month restraining order but upheld the ten-day order. The group then sought a permit to hold another rally. Town officials denied the application, citing the appeals court’s decision. Carroll appealed based on the ten-day order, and the United States Supreme Court granted cert.

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