Carroll v. Princess Anne, 393 U.S. 175 (1968)

Carroll v. President and Commissioners of Princess Anne

No. 6

Argued October 21, 1968
Decided November 19, 1968
393 U.S. 175

CERTIORARI TO THE COURT OF APPEALS OF MARYLAND

Syllabus

Petitioners, members of the "white supremacist" National States Rights Party, held a public rally in Princess Anne, Maryland, on August 6, 1966, at which aggressively and militantly racist speeches were made to a crowd of both whites and Negroes. It was announced that the rally would be resumed the next night, August 7. That day, the respondents, local officials, obtained an ex parte restraining order from the Somerset County Circuit Court, there having been no notice to or informal communication with petitioners. The order restrained petitioners for 10 days from holding rallies "which will tend to disturb and endanger the citizens of the County," and the August 7 rally was not held. After trial 10 days later, the Circuit Court issued another injunction, extending the effect of the earlier order for 10 months. The Maryland Court of Appeals affirmed the 10-day order, but reversed the 10-month order, holding that "the period of time was unreasonable."

Held:

1. The case is not moot. The Maryland Court of Appeals’ approval of the 10-day order continues to play a role in the response of local officials to petitioners’ efforts to continue their activities in the county. Pp. 178-179.

2. The 10-day restraining order must be set aside because, where the principles guaranteed by the First Amendment and applicable to the States by the Fourteenth are involved, there is no place for such ex parte order, issued without formal or informal notice to petitioners, where no showing is made that it is impossible to serve or notify the opposing parties and to give them an opportunity to participate in an adversary proceeding. Pp. 179-185.

247 Md. 126, 230 A.2d 452, reversed.