Freedman v. Maryland (1964)
- Docket
- 69
- Decided
- 1964-01-01
- Category
- General
Summary
Question: Did the the Maryland law violate the freedom of expression protected by the First Amendment? Conclusion: The Court found the Maryland law to be invalid. The Court decision reflected a concern that the statute provides the danger of "unduly suppressing protected expression." The board was allowed overly broad licensing discretion with a lack of statutory provisions for judicial participation in the the procedure to prohibit a film. The Court established three guidelines as adequate safeguards to protect against the "undue inhibition of protected expression." These guidelines are to: (1) place the burden of proving the film is unprotected expression on the censors, (2) require judicial determination to impose a valid determination, and (3) require prompt determination "within a specified time period."