freedman
maryland
argued
november
decided
march
appellant
convicted
exhibiting
motion
picture
without
submitting
maryland
state
board
censors
prior
approval
despite
contention
motion
picture
censorship
statute
unconstitutionally
impaired
freedom
expression
maryland
appeals
affirmed
held
motion
pictures
concerned
requirement
prior
submission
censorship
board
necessarily
unconstitutional
times
film
city
chicago
pp
one
challenge
licensing
statute
endangers
freedom
expression
whether
conduct
prohibited
properly
drawn
statute
whether
applied
license
heavy
presumption
constitutional
validity
prior
restraints
expression
bantam
books
sullivan
noncriminal
process
requiring
prior
submission
film
censor
avoids
constitutional
invalidity
procedural
safeguards
designed
eliminate
dangers
censorship
pp
censor
must
burden
proving
film
expression
unprotected
constitution
restraint
prior
judicial
review
must
limited
preservation
status
quo
shortest
period
compatible
sound
judicial
procedure
pp
prompt
final
judicial
determination
obscenity
must
assured
absence
maryland
procedure
adequate
safeguards
undue
inhibition
protected
expression
renders
statutory
requirement
prior
submission
censorship
invalid
previous
restraint
pp
felix
bilgrey
argued
cause
appellant
brief
richard
whiteford
louis
pollak
thomas
finan
attorney
general
maryland
argued
cause
appellee
brief
robert
sweeney
roger
redden
assistant
attorneys
general
edward
de
grazia
melvin
wulf
filed
brief
american
civil
liberties
union
et
amici
curiae
urging
reversal
justice
brennan
delivered
opinion
appellant
sought
challenge
constitutionality
maryland
motion
picture
censorship
statute
md
ann
code
art
exhibited
film
revenge
daybreak
baltimore
theatre
without
first
submitting
picture
state
board
censors
required
thereof
state
concedes
picture
violate
statutory
standards
received
license
properly
submitted
appellant
convicted
violation
despite
contention
statute
entirety
unconstitutionally
impaired
freedom
expression
appeals
maryland
affirmed
md
noted
probable
jurisdiction
reverse
times
film
city
chicago
considered
upheld
requirement
submission
motion
pictures
advance
exhibition
appeals
held
authority
decision
maryland
censorship
law
must
held
void
face
violative
freedoms
protected
state
action
first
fourteenth
amendments
reliance
times
film
misplaced
question
tendered
decision
case
whether
prior
restraint
necessarily
unconstitutional
circumstances
bantam
books
sullivan
emphasis
original
exhibitor
argument
requirement
submission
without
amounted
constitutionally
prohibited
prior
restraint
interpreted
times
film
contention
constitutional
protection
includes
complete
absolute
freedom
exhibit
least
every
kind
motion
picture
even
film
contains
basest
type
pornography
incitement
riot
forceful
overthrow
orderly
government
held
narrow
question
argument
stated
principle
prior
restraints
broadly
citing
number
decisions
quoted
statement
near
minnesota
protection
even
previous
restraint
absolutely
unlimited
rejecting
proffered
proposition
times
film
emphasized
however
question
alone
decide
therefore
inaccurate
say
times
film
upheld
specific
features
chicago
censorship
ordinance
unlike
petitioner
times
film
appellant
argue
unconstitutional
simply
may
prevent
even
first
showing
film
whose
exhibition
may
legitimately
subject
obscenity
prosecution
presents
question
quite
distinct
passed
times
film
accepting
rule
times
film
argues
constitutes
invalid
prior
restraint
context
remainder
statute
presents
danger
unduly
suppressing
protected
expression
focuses
particularly
procedure
initial
decision
censorship
board
without
judicial
participation
effectively
bars
exhibition
disapproved
film
unless
exhibitor
undertakes
appeal
maryland
courts
succeeds
board
decision
reversed
statute
exhibitor
required
submit
film
board
examination
time
limit
imposed
completion
board
action
film
disapproved
elimination
ordered
provides
person
submitting
film
view
examination
receive
immediate
notice
elimination
disapproval
appealed
film
view
promptly
presence
person
two
members
board
finally
approved
disapproved
promptly
right
appeal
decision
board
baltimore
city
baltimore
city
shall
right
appeal
decision
baltimore
city
appeals
maryland
subject
generally
time
manner
provided
taking
appeal
appeals
light
difference
issues
presented
times
film
appeals
erred
saying
since
appellant
refusal
submit
film
board
violation
restricted
attack
section
alone
lacks
standing
challenge
provisions
alleged
shortcomings
statute
appellant
challenged
submission
requirement
vacuum
concrete
statutory
context
contention
effects
invalid
prior
restraint
structure
provisions
statute
contributes
infirmity
assert
provisions
independently
invalid
area
freedom
expression
well
established
one
standing
challenge
statute
ground
delegates
overly
broad
licensing
discretion
administrative
office
whether
conduct
proscribed
properly
drawn
statute
whether
applied
license
one
might
license
asking
may
call
question
whole
scheme
licensing
prosecuted
failure
procure
thornhill
alabama
see
staub
city
baxley
saia
new
york
thomas
collins
hague
cio
lovell
city
griffin
standing
recognized
cases
danger
tolerating
area
first
amendment
freedoms
existence
penal
statute
susceptible
sweeping
improper
application
naacp
button
see
also
amsterdam
note
doctrine
rev
although
occasion
decide
whether
vice
overbroadness
infects
maryland
statute
think
appellant
assertion
similar
danger
maryland
apparatus
censorship
one
always
fraught
danger
viewed
suspicion
gives
standing
make
challenge
substance
argument
apparatus
operates
statutory
context
judicial
review
may
little
late
maryland
statute
lacks
sufficient
safeguards
confining
censor
action
judicially
determined
constitutional
limits
therefore
contains
vice
statute
delegating
excessive
administrative
discretion
ii
although
said
motion
pictures
necessarily
subject
precise
rules
governing
particular
method
expression
joseph
burstyn
wilson
true
forms
expression
ny
system
prior
restraints
expression
comes
bearing
heavy
presumption
constitutional
validity
bantam
books
sullivan
supra
nder
fourteenth
amendment
state
free
adopt
whatever
procedures
pleases
dealing
obscenity
without
regard
possible
consequences
constitutionally
protected
speech
marcus
search
warrant
administration
censorship
system
motion
pictures
presents
peculiar
dangers
constitutionally
protected
speech
unlike
prosecution
obscenity
censorship
proceeding
puts
initial
burden
exhibitor
distributor
censor
business
censor
inheres
danger
may
well
less
responsive
part
independent
branch
government
constitutionally
protected
interests
free
expression
made
unduly
onerous
reason
delay
otherwise
seek
judicial
review
censor
determination
may
practice
final
applying
settled
rule
cases
hold
noncriminal
process
requires
prior
submission
film
censor
avoids
constitutional
infirmity
takes
place
procedural
safeguards
designed
obviate
dangers
censorship
system
first
burden
proving
film
unprotected
expression
must
rest
censor
said
speiser
randall
transcendent
value
speech
involved
due
process
certainly
requires
state
bear
burden
persuasion
show
appellants
engaged
criminal
speech
second
state
may
require
advance
submission
films
order
proceed
effectively
bar
showings
unprotected
films
requirement
administered
manner
lend
effect
finality
censor
determination
whether
film
constitutes
protected
expression
teaching
cases
judicial
determination
adversary
proceeding
ensures
necessary
sensitivity
freedom
expression
procedure
requiring
judicial
determination
suffices
impose
valid
final
restraint
see
bantam
books
sullivan
supra
quantity
books
kansas
marcus
search
warrant
supra
manual
enterprises
day
end
exhibitor
must
assured
statute
authoritative
judicial
construction
censor
within
specified
brief
period
either
issue
license
go
restrain
showing
film
restraint
imposed
advance
final
judicial
determination
merits
must
similarly
limited
preservation
status
quo
shortest
fixed
period
compatible
sound
judicial
resolution
moreover
well
aware
even
expiration
temporary
restraint
administrative
refusal
license
signifying
censor
view
film
unprotected
may
discouraging
effect
exhibitor
see
bantam
books
sullivan
supra
therefore
procedure
must
also
assure
prompt
final
judicial
decision
minimize
deterrent
effect
interim
possibly
erroneous
denial
license
without
safeguards
may
prove
burdensome
seek
review
censor
determination
particularly
case
motion
pictures
may
take
little
deter
exhibition
given
locality
exhibitor
stake
one
picture
may
insufficient
warrant
protracted
onerous
course
litigation
distributor
hand
may
equally
unwilling
accept
burdens
delays
litigation
particular
area
without
difficulties
freely
exhibit
film
rest
country
told
four
handful
municipalities
active
censorship
laws
readily
apparent
maryland
procedural
scheme
satisfy
criteria
first
censor
disapproves
film
exhibitor
must
assume
burden
instituting
judicial
proceedings
persuading
courts
film
protected
expression
second
board
acted
film
exhibition
prohibited
pending
judicial
review
however
protracted
statute
appellant
convicted
shown
film
unsuccessfully
seeking
license
even
though
ever
ruled
obscenity
film
third
abundantly
clear
maryland
statute
provides
assurance
prompt
judicial
determination
hold
therefore
appellant
conviction
must
reversed
maryland
scheme
fails
provide
adequate
safeguards
undue
inhibition
protected
expression
renders
requirement
prior
submission
films
board
invalid
previous
restraint
iii
whether
maryland
incorporate
required
procedural
safeguards
statutory
scheme
course
state
decide
model
lacking
kingsley
books
brown
upheld
new
york
injunctive
procedure
designed
prevent
sale
obscene
books
procedure
postpones
restraint
sale
judicial
determination
obscenity
following
notice
adversary
hearing
statute
provides
hearing
one
day
joinder
issue
judge
must
hand
decision
within
two
days
termination
hearing
new
york
procedure
operates
without
prior
submission
censor
chilling
effect
censorship
order
even
one
requires
judicial
action
enforcement
suggests
reason
expeditious
determination
question
whether
particular
film
constitutionally
protected
requirement
prior
submission
censor
sustained
times
film
consistent
recognition
films
differ
forms
expression
similarly
think
nature
motion
picture
industry
may
suggest
different
time
limits
judicial
determination
common
knowledge
films
scheduled
well
actual
exhibition
requirement
advance
submission
recognizes
one
possible
scheme
allow
exhibitor
distributor
submit
film
early
enough
ensure
orderly
final
disposition
case
scheduled
exhibition
date
far
enough
advance
exhibitor
safely
advertise
opening
normal
basis
failing
scheme
sufficiently
early
submission
scheme
statute
require
adjudication
considerably
prompt
case
maryland
statute
otherwise
litigation
might
unduly
expensive
protracted
victorious
exhibitor
might
find
propitious
opportunity
exhibition
past
mean
lay
rigid
time
limits
procedures
suggest
considerations
drafting
legislation
accord
local
exhibition
practices
avoid
potentially
chilling
effect
maryland
statute
protected
expression
reversed
footnotes
md
ann
code
art
board
examine
approve
disapprove
films
board
shall
examine
supervise
examination
films
views
exhibited
used
state
maryland
shall
approve
license
films
views
moral
proper
shall
disapprove
obscene
tend
judgment
board
debase
corrupt
morals
incite
crimes
films
exclusively
portraying
current
events
pictorial
news
day
commonly
called
news
reels
may
exhibited
without
examination
license
fees
shall
required
therefor
films
considered
obscene
purposes
article
motion
picture
film
view
shall
considered
obscene
considered
whole
calculated
purpose
dominant
effect
substantially
arouse
sexual
desires
probability
effect
great
outweigh
whatever
merits
film
may
possess
films
tend
debase
corrupt
morals
purposes
article
motion
picture
film
view
shall
considered
character
exhibition
tend
debase
corrupt
morals
dominant
purpose
effect
erotic
pornographic
portrays
acts
sexual
immorality
lust
lewdness
expressly
impliedly
presents
acts
desirable
acceptable
proper
patterns
behavior
films
tend
incite
crime
purposes
article
motion
picture
film
view
shall
considered
character
exhibition
tend
incite
crime
theme
manner
presentation
presents
commission
criminal
acts
contempt
law
constituting
profitable
desirable
acceptable
respectable
commonly
accepted
behavior
advocates
teaches
use
methods
use
narcotics
drugs
appellant
also
challenges
constitutionality
establishing
standards
invalid
vagueness
due
process
clause
imposing
fees
inspection
licensing
film
constituting
invalid
tax
upon
exercise
freedom
speech
allowing
exemptions
various
classes
exhibitors
denying
equal
protection
laws
view
result
express
views
upon
claims
see
emerson
doctrine
prior
restraint
law
contemp
prob
well
illustrated
fact
maryland
appeals
reversed
board
disapproval
every
reported
case
artists
maryland
state
board
censors
supra
maryland
state
board
censors
times
film
md
fanfare
films
motion
picture
censor
board
md
appendix
brief
amici
curiae
american
civil
liberties
union
maryland
branch
lists
new
york
virginia
kansas
three
statutes
similar
maryland
statute
cities
chicago
detroit
fort
worth
providence
similar
ordinances
remaining
municipal
ordinances
codes
listed
inactive
justice
douglas
justice
black
joins
concurring
several
occasions
indicated
view
movies
entitled
degree
kind
protection
first
amendment
forms
expression
superior
films
department
education
kingsley
pictures
regents
times
film
chicago
reasons
stated
believe
form
censorship
matter
speedy
prolonged
may
permissible
see
pictorial
presentation
occupies
preferred
position
form
expression
censors
banned
publishing
business
pulpit
public
platform
banned
theatre
admit
censor
even
limited
role
accorded
kingsley
books
brown
adhere
dissent
case
authority
obtain
temporary
injunction
gives
state
paralyzing
power
censor
regime
kingsley
books
substitutes
punishment
contempt
punishment
jury
trial
put
end
forms
types
censorship
give
full
literal
meaning
command
first
amendment
today
holds
system
movie
censorship
must
contain
least
three
procedural
safeguards
run
afoul
first
amendment
censor
must
burden
instituting
judicial
proceedings
restraint
prior
judicial
review
imposed
briefly
order
preserve
status
quo
prompt
judicial
determination
obscenity
must
assured
thus
chicago
censorship
system
upheld
narrowest
margins
times
film
chicago
survive
today
standards
provided
one
safeguards
dissenters
expressly
pointed