Abe Fortas

“ The facts in any case involving a public demonstration are difficult to ascertain and even more difficult to evaluate. Judgment as to whether the facts justify the use of the drastic power of injunction necessarily turns on subtle and controversial considerations and upon a delicate assessment of the particular situation in light of legal standards which are inescapably imprecise. ”

“ Ordinarily, the State's constitutionally permissible interests are adequately served by criminal penalties imposed after freedom to speak has been so grossly abused that its immunity is breached. The impact and consequences of subsequent punishment for such abuse are materially different from those of prior restraint. Prior restraint upon speech suppresses the precise freedom which the First Amendment sought to protect against abridgment. ”

“ In Kingsley, a New York statute authorizing an injunction pendente lite against the distribution of obscene books was upheld. By statute, the person enjoined could get a hearing 'within one day after joinder of issue.' The New York courts have subsequently held that no ex parte injunction may be issued under the statute. ”

“ A delay of even a day or two may be of crucial importance in some instances. On the other hand, the subject of sex is of constant but rarely particularly topical interest.' 378 U.S., at 224, 84 S.Ct., at 1733.
In the present case, the record discloses no reason why petitioners were not notified of the application for injunction. They were apparently present in Princess Anne. They had held a rally there on the night preceding the application for and issuance of the injunction. They were scheduled to have another rally on the very evening of the day when the injunction was issued. ”

“ Petitioners are identified with a 'white supremacist' organization called the National States Rights Party. They held a public assembly or rally near the courthouse steps in the town of Princess Anne, the county seat of Somerset County, Maryland, in the evening of August 6, 1966. The authorities did not attempt to interfere with the rally. ”

“ State of Kansas, pointed out, speaking of 'political and social expression':
'It is vital to the operation of democratic government that the citizens have facts and ideas on important issues before them. ”

“ We're going to take it easy tonight * * *' and 'You white folks bring your friends, come back tomorrow night. * * * Come on back tomorrow night, let's raise a little bit of hell for the white race.'↑ Maryland Rule of Procedure BB72.↑ The text of the Writ of Injunction is as follows:↑ Petitioners recite that they were denied the right to hold a rally in Princess Anne on July 17, 1967, and that the letter of rejection relied upon the Court of Appeals' decision. ”