Freedman v. Maryland

Freedman v. Maryland, 380 U.S. 51 (1965) involved a state statute which required preexhibition examination of motion pictures by a state censorship board to permit a denial of a license to show the film if the board deemed it obscene. In Freedman (supra) the United States Supreme Court held that if the ordinance is a "prior restraint" on speech, certain procedural safeguards must be in place in order for the restraint to be lawful under the First Amendment. They are as follows: "(1) any restraint prior to judicial review can be imposed only for a specified brief period during which the status quo must be maintained; (2) expeditious judicial review of that decision must be available; and (3) the censor must bear the burden of going to court to suppress the speech and must bear the burden of proof once in court." (Thomas v. Chicago Park Dist., 534 U.S. 316 2002, citing Freedman at 58.)