Opinion

Carroll v. President & Commissioners of Princess Anne

  • 393 U.S. 175
  • 1 Media L. Rep. (BNA) 1016
  • 89 S. Ct. 347
  • 21 L. Ed. 2d 325
  • 1968 U.S. LEXIS 2948
Court
Supreme Court of the United States
Filed
Nov 19, 1968
Status
Published
Author
Douglas
On the bench
Fortas, Douglas, Black
Cited by
489 cases
Authority
More cited than 24.1%

recognizing “a place in our jurisprudence for ex parte issuance, without notice, of temporary restraining orders of short duration” but not “where no showing is made that it is impossible to serve or to notify the opposing parties and to give them an opportunity to participate”

How later courts described this case

  • recognizing “a place in our jurisprudence for ex parte issuance, without notice, of temporary restraining orders of short duration” but not “where no showing is made that it is impossible to serve or to notify the opposing parties and to give them an opportunity to participate”
  • recognizing that "[t]here is a place in our jurisprudence for ex parte issuance, without notice, of temporary __ restraining orders of short duration"
  • holding that a ten-day restraining order against demonstrations was capable of repetition and always likely to evade review because litigation would be completed before the ten days expired
  • noting that the Court need not decide the "thorny" problem of whether an injunction against a white supremacist organization's rally could be justified based on findings that the organization had engaged in unprotected conduct at a prior rally because the injunction could be invalidated on the narrower ground that it was issued ex parte without notice or an opportunity to be heard

Written by the judges who cited it.

Distinguished

  • Distinguished by United Steelworkers of Amer. v. Alabaster Lime Co., 286 Ala. 489 (1970)

    We think Carroll, supra, is distinguishable.
    Supreme Court of AlabamaDec 3, 1970Read it

The opinion

Mu. Justice Douglas,

while joining the opinion of the Court, adheres to his dissent in Kingsley Books, Inc. v. Brown, 354 U. S. 436, 446-447 , and to his concurring opinion in Freedman v. Maryland, 380 U. S. 51, 61-62 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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