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For Your Data Freedman V. Maryland Illustration Brief

Freedman v. Maryland representative brief summary
380 U.S. 51 (1965)


CASE SYNOPSIS
Defendant appealed from a judgment of the Court of Appeals of Maryland, which affirmed his conviction for exhibiting a displace painting at his home without kickoff submitting the painting to the State Board of Censors (Board) equally required past times Md. Code Ann. art. 66A, § ii (1957).

CASE FACTS
Defendant wished to challenge the constitutionality of a reason censorship statute that required submission of all displace pictures to the Board prior to their exhibition. He exhibited a cinema without kickoff submitting it to the Board too was afterward convicted of violating the statute, Md. Code Ann. art. 66A, § ii (1957). The judgment of the case courtroom was affirmed, too on appeal of that determination the reviewing courtroom ruled inwards favor of defendant.

DISCUSSION
  • The Court held that defendant's refusal to submit the cinema to the Board inwards violation but of § ii did non limit accused to an prepare on on that department alone. 
  • The Court institute validity inwards defendant's disceptation that § ii effected an invalid prior restraint on the liberty of phonation communication because the construction of the other provisions of the statute contributed to the infirmity of § 2, too that he did non assert that the other provisions were independently invalid. 
  • The Court institute that the statute lacked sufficient safeguards against undue inhibition of protected expression, too that rendered the § ii requirement of prior submission of films to the Board an invalid previous restraint inwards violation of the Fourteenth Amendment.

CONCLUSION
Defendant's conviction for violation of a statute censorship statute was reversed.

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