Freedman v Maryland 380 U.S.

51 Facts: Freedman was convicted because he showed a movie without first submitting it to the Maryland State Board of Censors and securing a prior approval. Freedman showed the film Revenge at Daybreak in his theater in Baltimore without following the procedures laid out by the state. The State of Maryland concedes that the movie does not violate any statutory standard for movies and would actually receive a license if it had been submitted to them. Issue: WON the submission of a film to the Maryland State Board of Censors is a valid exception to the constitutional prohibition of prior restraint. Held/Ratio: No. It is not a valid exception. The Board of Censors rules did not follow the safeguards required by the law in order for their action to be exempted in the prohibition of prior restraint. The prior submission of a film to a censor can only be valid if it follows these two guidelines: o First - The burden of proving that the film is unprotected expression must rest on the censor. o Second - The State can advance the submission of all films in order to regulate and bar those which are considered as unprotected films. However, they are not allowed to provide a finality to its censorship i.e. banning it. Courts are the only entities that could provide a valid final restraint because only a judicial determination can ensure the sensitivity to such an issue. The Maryland Board violates the prohibition on prior restraint on three grounds: o First If the board disapproves the film, the exhibitor has the burden of initiating a judicial proceeding in order to persuade the court of the non-obscene status of the film or that it is protected expression. o Second When the Board has acted on the film and has ruled against it being shown, the exhibitor could not show it lest he be charged of a violation of the law. The exhibitor could also be charged if he showed it, in lieu with unsuccessfully getting a license, absent any judicial decision in the films obscenity. o Third the Board does not ensure any judicial determination that could validly make a final determination regarding the films status. Additional Information (This is an excerpt from the case which could help in understanding the issue of the case.):