This article needs additional citations for verification .(February 2012) |
Carroll v. Town of 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. 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 the moving party can show (1) that they made efforts to give notice, and (2) explain the reasons why such notice should not be required.
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.
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.
The Domestic Violence Offender Gun Ban, often called the "Lautenberg Amendment", is an amendment to the Omnibus Consolidated Appropriations Act of 1997, enacted by the 104th United States Congress in 1996, which bans access to firearms for life by people convicted of crimes of domestic violence. The act is often referred to as "the Lautenberg Amendment" after its sponsor, Senator Frank Lautenberg (D-NJ). Lautenberg proposed the amendment after a decision from the United States Court of Appeals for the Ninth Circuit, involving underenforcement of domestic violence laws brought under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. President Bill Clinton signed the law as part of the Omnibus Appropriations Act of 1997.
Epperson v. Arkansas, 393 U.S. 97 (1968), was a unanimous landmark United States Supreme Court case that invalidated an Arkansas statute prohibiting the teaching of human evolution in the public schools. The Court held that the First Amendment to the United States Constitution prohibits a state from requiring, in the words of the majority opinion, "that teaching and learning must be tailored to the principles or prohibitions of any religious sect or dogma." The Supreme Court declared the Arkansas statute unconstitutional because it violated the Establishment Clause of the First Amendment. After this decision, some jurisdictions passed laws that required the teaching of creation science alongside evolution when evolution was taught. The Court also ruled these laws were unconstitutional in the 1987 case, Edwards v. Aguillard.
Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004), was a case decided by the U.S. Supreme Court. The lawsuit, originally filed as Newdow v. United States Congress, Elk Grove Unified School District, et al. in 2000, led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit that the words "under God" in the Pledge of Allegiance are an endorsement of religion and therefore violate the Establishment Clause of the First Amendment to the United States Constitution. The words had been added by a 1954 act of Congress that changed the phrase "one nation indivisible" into "one nation under God, indivisible". After an initial decision striking the congressionally added "under God", the superseding opinion on denial of rehearing en banc was more limited, holding that compelled recitation of the language by school teachers to students was invalid.
Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), was a landmark decision by the United States Supreme Court that recognized the First Amendment rights of students in U.S. public schools. The Tinker test, also known as the "substantial disruption" test, is still used by courts today to determine whether a school's interest to prevent disruption infringes upon students' First Amendment rights. The Court famously opined, "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
Addyston Pipe and Steel Co. v. United States, 175 U.S. 211 (1899), was a United States Supreme Court case in which the Court held that for a restraint of trade to be lawful, it must be ancillary to the main purpose of a lawful contract. A naked restraint on trade is unlawful; it is not a defense that the restraint is reasonable.
Virginia v. Black, 538 U.S. 343 (2003), was a landmark decision of the Supreme Court of the United States in which the Court held, 5–4, that any state statute banning cross burning on the basis that it constitutes prima facie evidence of intent to intimidate is a violation of the First Amendment to the Constitution. Such a provision, the Court argued, blurs the distinction between proscribable "threats of intimidation" and the Ku Klux Klan's protected "messages of shared ideology". In the case, three defendants were convicted in two separate cases of violating a Virginia statute against cross burning. However, cross-burning can be a criminal offense if the intent to intimidate is proven. It was argued by former Solicitor General of Virginia, William Hurd and Rodney A. Smolla.
Federal Trade Commission v. Sperry & Hutchinson Trading Stamp Co., 405 U.S. 233 (1972), is a decision of the United States Supreme Court holding that the Federal Trade Commission (FTC) may act against a company's “unfair” business practices even though the practice is none of the following: an antitrust violation, an incipient antitrust violation, a violation of the “spirit” of the antitrust laws, or a deceptive practice. This legal theory is termed the "unfairness doctrine."
American Booksellers Foundation for Free Expression v. Strickland, 560 F.3d 443, is a decision of the Sixth Circuit Court of Appeals involving a constitutional challenge—both facially and as-applied to internet communications—to an Ohio statute prohibiting the dissemination or display to juveniles of certain sexually-explicit materials or performances. The Sixth Circuit panel declined to resolve the constitutional issue but, instead, certified two questions to the Ohio Supreme Court regarding the interpretation of the statute. The Ohio Supreme Court answered both questions affirmatively and placed a narrowing construction on the statute. Since the Ohio Supreme Court's decision, the Sixth Circuit has not reheard the case.
Gun laws in Maryland regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Maryland.
Organization for a Better Austin v. Keefe, 402 U.S. 415 (1971), was a United States Supreme Court case in which the Court held that courts cannot prohibit peaceful distribution of pamphlets, unless a heavy burden is met to justify prior restraint.
Woollard v. Sheridan, 863 F. Supp. 2d 462, reversed sub. nom., Woollard v Gallagher, 712 F.3d 865, was a civil lawsuit brought on behalf of Raymond Woollard, a resident of the State of Maryland, by the Second Amendment Foundation against Terrence Sheridan, Secretary of the Maryland State Police, and members of the Maryland Handgun Permit Review Board. Plaintiffs allege that the Defendants' refusal to grant a concealed carry permit renewal to Mr. Woollard on the basis that he "...ha[d] not demonstrated a good and substantial reason to wear, carry or transport a handgun as a reasonable precaution against apprehended danger in the State of Maryland" was a violation of Mr. Woollard's rights under the Second and Fourteenth Amendments, and therefore unconstitutional. The trial court found in favor of Mr. Woollard, However, the Fourth Circuit Court of Appeals reversed the trial court and the U.S. Supreme Court declined to review that decision.
People v. Aguilar, 2 N.E.3d 321, was an Illinois Supreme Court case in which the Court held that the Aggravated Unlawful Use of a Weapon (AUUF) statute violated the right to keep and bear arms as guaranteed by the Second Amendment. The Court stated that this was because the statute amounted to a wholesale statutory ban on the exercise of a personal right that was specifically named in and guaranteed by the United States Constitution, as construed by the United States Supreme Court. A conviction for Unlawful Possession of a Firearm (UPF) was proper because the possession of handguns by minors was conduct that fell outside the scope of the Second Amendment's protection.
Kitchen v. Herbert, 961 F.Supp.2d 1181, affirmed, 755 F.3d 1193 ; stay granted, 134 S.Ct. 893 (2014); petition for certiorari denied, No. 14-124, 2014 WL 3841263, is the federal case that successfully challenged Utah's constitutional ban on marriage for same-sex couples and similar statutes. Three same-sex couples filed suit in March 2013, naming as defendants Utah Governor Gary R. Herbert, Attorney General John Swallow, and Salt Lake County Clerk Sherrie Swensen in their official capacities.
Executive Order 13769 was signed by U.S. President Donald Trump on January 27, 2017, and quickly became the subject of legal challenges in the federal courts of the United States. The order sought to restrict travel from seven Muslim majority countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The plaintiffs challenging the order argued that it contravened the United States Constitution, federal statutes, or both. On March 16, 2017, Executive Order 13769 was superseded by Executive Order 13780, which took legal objections into account and removed Iraq from affected countries. Then on September 24, 2017, Executive Order 13780 was superseded by Presidential Proclamation 9645 which is aimed at more permanently establishing travel restrictions on those countries except Sudan, while adding North Korea and Venezuela which had not previously been included.
State of Washington and State of Minnesota v. Trump, 847 F.3d 1151, was a lawsuit that challenged the constitutionality of Executive Order 13769, issued by U.S. president Donald Trump.
Executive Order 13780, titled Protecting the Nation from Foreign Terrorist Entry into the United States, was an executive order signed by United States President Donald Trump on March 6, 2017. It placed a 90-day restriction on entry to the U.S. by nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen, and barred entry for all refugees who did not possess either a visa or valid travel documents for 120 days. This executive order—sometimes called "Travel Ban 2.0"—revoked and replaced Executive Order 13769 issued on January 27, 2017.
International Refugee Assistance Project v. Trump, 883 F. 3d 233, was a decision of the United States Court of Appeals for the Fourth Circuit, sitting en banc, upholding an injunction against enforcement of Proclamation No. 9645, titled "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats", a presidential proclamation signed by President Donald Trump on September 24, 2017. The proclamation indefinitely suspends the entry into the U.S. of some or all immigrant and non-immigrant travelers from eight countries. It is a successor to Executive Order 13769, entitled "Protection of the Nation from Terrorist Entry into the United States," which were also enjoined by the District Court of Maryland and the Fourth Circuit in a case decided in 2017 by the same name of International Refugee Assistance Project v. Trump, 857 F.3d 554.
Trump v. Hawaii, No. 17-965, 585 U.S. 667 (2018), was a landmark United States Supreme Court case involving Presidential Proclamation 9645 signed by President Donald Trump, which restricted travel into the United States by people from several nations, or by refugees without valid travel documents. Hawaii and several other states and groups challenged the Proclamation and two predecessor executive orders also issued by Trump on statutory and constitutional grounds. Citing a variety of statements by Trump and administration officials, they argued that the proclamation and its predecessor orders were motivated by anti-Muslim animus.
Minnesota Voters Alliance v. Mansky, 585 U.S. ___ (2018), was a landmark decision of the US Supreme Court concerning the constitutionality of governmental speech restrictions in a polling place venue. The case challenged a century-old Minnesota law that prevents voters from wearing clothing or items considered political while voting. While the Supreme Court previously affirmed that political campaigning near polling places may be restricted, the Minnesota law was challenged on being overbroad and violation of free speech rights under the First Amendment. The case's decision was issued on June 14, 2018, with the Court finding 7–2 that the Minnesota law was overbroad of what could be considered "political" speech, violating free speech rights and deemed unconstitutional.
United States v. Rahimi, 602 U.S. 680 (2024), was a United States Supreme Court case regarding the Second Amendment to the United States Constitution and whether it empowers the government to prohibit firearm possession by a person with a civil domestic violence restraining order in the absence of a corresponding criminal domestic violence conviction or charge.