CARROLL V. PRESIDENT AND COMMISSIONERS OF PRINCESS ANNE
393 U.S. 175 (1968)
NATURE OF THE CASE: This was a dispute over a restraining order issued to stop a 'white
supremacist' organization called the National States Rights Party from holding public
demonstrations.
FACTS: Carroll (P) held a 'white supremacist' rally near the courthouse steps in the town
of Princess Anne. The authorities did not attempt to interfere with the rally. Because of
the tense atmosphere which developed as the meeting progressed, about 60 state policemen
were brought in, including some from a nearby county. P's speeches, amplified by a public
address system so that they could be heard for several blocks, were aggressively and
militantly racist. Their target was primarily Negroes and, secondarily, Jews. The speakers
engaged in deliberately derogatory, insulting, and threatening language, scarcely disguised
by protestations of peaceful purposes; and that listeners might well have construed their
words as both a provocation to the Negroes in the crowd and an incitement to the whites. The
rally continued for something more than an hour, concluding at about 8:25 p. m. The crowd
listening to the speeches increased from about 50 at the beginning to about 150, of whom 25%
were Negroes. It was announced that the rally would be resumed the following night, August
7. The officials of Princess Anne and of Somerset County (D), applied for and obtained a
restraining order from the Circuit Court for Somerset County. The proceedings were ex parte,
with no notice being given to P and no effort being made informally to communicate with
them, although this is expressly contemplated under Maryland procedure. The order restrained
petitioners for 10 days from holding rallies or meetings in the county 'which will tend to
disturb and endanger the citizens of the County.' The August 7th was not held. After the
trial which took place 10 days later, an injunction was issued by the Circuit Court on
August 30, extending the restraint for 10 additional months. The Maryland Court of Appeals
affirmed the 10-day order, but reversed the 10-month order on the ground that 'the period of
time was unreasonable and that it was arbitrary to assume that a clear and present danger of
civil disturbance and riot would persist for ten months.' The Supreme Court granted
certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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