carroll princess anne argued october decided november petitioners members white supremacist national rights party held public rally princess anne maryland august aggressively militantly racist speeches made crowd whites negroes announced rally resumed next night august day respondents local officials obtained ex parte restraining order somerset county circuit notice informal communication petitioners order restrained petitioners days holding rallies tend disturb endanger citizens county august rally held trial days later circuit issued another injunction extending effect earlier order months maryland appeals affirmed order reversed order holding period time unreasonable held case moot maryland appeals approval order continues play role response local officials petitioners efforts continue activities county pp restraining order must set aside principles guaranteed first amendment applicable fourteenth involved place ex parte order issued without formal informal notice petitioners showing made impossible serve notify opposing parties give opportunity participate adversary proceeding pp eleanor holmes norton william zinman argued cause petitioners brief melvin wulf leon friedman leonard rottman alexander jones argued cause respondents brief francis burch attorney general maryland justice fortas delivered opinion petitioners identified white supremacist organization called national rights party held public assembly rally near courthouse steps town princess anne county seat somerset county maryland evening august authorities attempt interfere rally tense atmosphere developed meeting progressed state policemen brought including nearby county held readiness tactical reasons evidence scene rally petitioners speeches amplified public address system heard several blocks aggressively militantly racist target primarily negroes secondarily jews sufficient observe speakers engaged deliberately derogatory insulting threatening language scarcely disguised protestations peaceful purposes listeners might well construed words provocation negroes crowd incitement whites rally continued something hour concluding crowd listening speeches increased beginning negroes course proceedings announced rally resumed following night august day respondents officials princess anne somerset county applied obtained restraining order circuit somerset county proceedings ex parte notice given petitioners far appears effort made informally communicate although expressly contemplated maryland procedure order restrained petitioners days holding rallies meetings county tend disturb endanger citizens county result rally scheduled august held trial took place days later injunction issued circuit august effect extending restraint additional months addition testimony witnesses tape recordings made police august rally appeal maryland appeals affirmed order reversed order ground period time unreasonable arbitrary assume clear present danger civil disturbance riot persist ten months petitioners sought review asserting case moot decision maryland appeals continues adverse effect upon petitioners rights granted certiorari agree petitioners case moot since petitioners sought continue activities including holding rallies princess anne somerset county appears decision maryland appeals continues play substantial role response officials activities circumstances jurisdiction end teaching bus employees missouri concerned labor dispute led state seizure business held although seizure terminated case moot labor dispute gave rise seizure remains unresolved thus exists merely speculative possibility invocation seizure law future labor dispute presence existing unresolved dispute continues southern pacific terminal icc declined hold case moot although order issue expired said questions involved orders interstate commerce commission usually continuing consideration might defeated short term orders capable repetition yet evading review principles applicable present case underlying question persists agitated continuing activities program petitioners whether processes extent authorities local governments may restrict petitioners rallies public meetings conclusion question moot adjudicated particularly appropriate view decision walker birmingham case held demonstrators proceeded protest march face prohibition injunctive order march defend contempt charges asserting unconstitutionality injunction proper procedure held seek judicial review injunction disobey matter doubts might validity petitioners pursued course indicated walker view continuing vitality petitioners grievance say case moot since maryland appeals reversed injunction august consider order turn constitutional problems raised injunctive order petitioners urge injunction constituted prior restraint speech therefore violated principles first amendment applicable virtue fourteenth amendment event assert constitutionally permissible restrain petitioners meetings clear present danger existed respondents however argue injunctive order case considered prior restraint based upon events preceding evening directed preventing continuation events even considered prior restraint issuance order justified clear present danger riot disorder deliberately generated petitioners need decide thorny problem whether facts case injunction announced rally justified order must set aside basic infirmity procedure obtained issued ex parte without notice petitioners without effort however informal invite permit participation proceedings place jurisprudence ex parte issuance without notice temporary restraining orders short duration place within area basic freedoms guaranteed first amendment orders showing made impossible serve notify opposing parties give opportunity participate challenge principle special limited circumstances speech interlaced burgeoning violence protected broad guarantee first amendment cantwell connecticut said one hardihood suggest principle freedom speech sanctions incitement riot see also chaplinsky new hampshire milk wagon drivers union meadowmoor dairies ordinarily state constitutionally permissible interests adequately served criminal penalties imposed freedom speak grossly abused immunity breached impact consequences subsequent punishment abuse materially different prior restraint prior restraint upon speech suppresses precise freedom first amendment sought protect abridgment emphasized system prior restraints expression comes bearing heavy presumption constitutional validity bantam books sullivan freedman maryland even presumption might otherwise overcome insisted upon careful procedural provisions designed assure fullest presentation consideration matter circumstances permit said freedman maryland supra noncriminal process prior restraints upon expression avoids constitutional infirmity takes place procedural safeguards designed obviate dangers censorship system measured standards clear restraining order present case issued ex parte without formal informal notice petitioners effort advise proceeding sustained cf marcus search warrant quantity books kansas latter case disapproved seizure books kansas statute basis ex parte scrutiny judge held statute unconstitutional justice brennan speaking plurality condemned statute first affording seller books adversary hearing present case reasons insisting upon opportunity hearing notice least absence showing reasonable efforts notify adverse parties unsuccessful even compelling cases involving allegedly obscene books present case involves rally political speech element timeliness may important justice harlan dissenting quantity books kansas pointed speaking political social expression vital operation democratic government citizens facts ideas important issues delay even day two may crucial importance instances hand subject sex constant rarely particularly topical interest value judicial proceeding police substantially diluted process ex parte available fundamental instrument judicial judgment adversary proceeding parties may participate facts case involving public demonstration difficult ascertain even difficult evaluate judgment whether facts justify use drastic power injunction necessarily turns subtle controversial considerations upon delicate assessment particular situation light legal standards inescapably imprecise absence evidence argument offered sides participation formulation value judgments insufficient assurance balanced analysis careful conclusions essential area first amendment adjudication true fashioning order order issued area first amendment rights must couched narrowest terms accomplish objective permitted constitutional mandate essential needs public order sensitive field state may employ means broadly stifle fundamental personal liberties end narrowly achieved shelton tucker words order must tailored precisely possible exact needs case participation sides necessary purpose certainly failure invite participation party seeking exercise first amendment rights reduces possibility narrowly drawn order substantially imperils protection amendment seeks assure finally respondents urge failure give notice opportunity hearing considered invalidate order maryland procedure petitioners might obtained hearing two days notice maryland rule procedure procedural right overcome infirmity absence showing justification ex parte nature proceedings issuance injunction aborts scheduled rally public meeting even restraint short duration matter importance consequence view first amendment imperative denial basic procedural right circumstances excused availability procedure possibly serve rescue august meeting best shortened period petitioners prevented holding rally need decide impossible circumstances arise issuance ex parte restraining order minimum period justified unavailability adverse parties counsel perhaps reasons present case clear failure give notice formal informal provide opportunity adversary proceeding holding rally restrained incompatible first amendment reverse judgment basis need decide whether facts case provided constitutionally permissible basis temporarily enjoining holding august rally reversed justice douglas joining opinion adheres dissent kingsley books brown concurring opinion freedman maryland footnotes maryland rule procedure text writ injunction follows command strictly enjoin prohibit said joseph carroll richard norton stoner connie lynch robert lyons william brailsford national rights party holding rallies meetings somerset county tend disturb endanger citizens county enjoin said defendants using operating causing operated within county devices apparatus application sic human voice records radio phonograph sound making producing device thereby disturbing tranquility populace county matter heard determined equity period ten days date hereof hereof fail act contrary peril petitioners recite denied right hold rally princess anne july letter rejection relied upon appeals decision acknowledge july authorized hold rallies princess anne july appear complain permit stipulated sound amplified feet permitted use racial epithets make slanderous remarks members race ethnic group elimination prior restraints leading purpose adoption first amendment see lovell griffin marcus rejected contention kingsley books brown supported proposition state may impose extensive restraints imposed distribution publications prior adversary proceeding issue obscenity kingsley new york statute authorizing injunction pendente lite distribution obscene books upheld statute person enjoined get hearing within one day joinder issue new york courts subsequently held ex parte injunction may issued statute tenney liberty news app div compare considerations leading act stat see frankfurter greene labor injunction petition temporary injunction recited carroll others injunction sought presently somerset wicomico counties state maryland cf frankfurter greene labor injunction supra danger relying exclusively version events dangers presented prosecuting officials special interest freedman maryland supra cf williams wallace supp district judge johnson initially refused issue injunction ex parte absent state officials hearing plaintiffs submitted detailed plan proposed march enjoined state interfering march proposed plan