Niemotko V. Maryland - Decision of The Court

Decision of The Court

Writing for a unanimous Court, Chief Justice Vinson cast this issue in the context of their previous cases examining the licensing system by which local bodies regulated the use of parks and public places. He stated the law:

"In those cases this Court condemned statutes and ordinances which required that permits be obtained from local officials as a prerequisite to the use of public places, on the grounds that a license requirement constituted a prior restraint on freedom of speech, press and religion, and, in the absence of narrowly drawn, reasonable and definite standards for the officials to follow, must be invalid."

Unlike some of the other decisions, this case was a "slam dunk" for the Court. "Indeed, rarely has any case been before this Court which shows so clearly an unwarranted discrimination in a refusal to issue such a license."