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Carroll v. Princess Anne | |
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Argued October 21, 1968 Decided November 19, 1968 | |
Full case name | Joseph Carroll, et al. v. President and Commissioners of Princess Anne |
Citations | 393 U.S. 175 ( more ) 89 S. Ct. 347; 21 L. Ed. 2d 325 |
Holding | |
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. | |
Court membership | |
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Case opinions | |
Majority | Fortas, joined by Warren, Douglas, Brennan, Harlan, Stewart, White, Marshall |
Concurrence | Black |
Laws applied | |
U.S. Const. amend. I, XIV |
Carroll v. 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.
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.
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.
Princess Anne is a town in Somerset County, Maryland, United States, and also serves as its county seat. The population was 3,290 at the 2010 census.
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.
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