Freedman v. Maryland — Quick Summary

Freedman v. Maryland

Freedman v. Maryland, 380 U.S. 51 (1965)

In Brief

Freedman v. Maryland is a landmark case decided by the United States Supreme Court in 1965, which significantly impacted the domain of free speech, particularly in film censorship.

Key Issue

Does a state statute requiring prior submission of a film to a censor board, without adequate procedural safeguards, impose an unconstitutional prior restraint, thus violating the freedom of speech and expression under the First Amendment?

The Rule

A system of prior restraint on expression requires procedural safeguards designed to obviate the dangers of a censorship system, including a stringent process to avoid indefinite delay of expression.

Bottom Line

The Supreme Court held that Maryland's statutory scheme requiring films to be approved by a censor board before exhibition was unconstitutional, as it imposed an excessive burden on free speech without providing necessary procedural safeguards.

Why It Matters

Freedman v. Maryland is crucial for law students studying constitutional law, especially those focusing on First Amendment rights. The case establishes a framework within which prior restraints are subject to strict scrutiny, emphasizing the importance of procedural safeguards as a check against potential governmental abuse. Through its ruling, the Supreme Court reinforced the principle that free speech should not be subject to prospective suppression by government censors, which could otherwise enable arbitrary and capricious decisions infringing upon fundamental rights.

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