Grove Press, Inc. v. Maryland Bd. of Censors
Headline: Film censorship dispute affirmed by an evenly split Court, leaving the lower court’s decision in place and affecting Grove Press and Maryland’s censorship board while one Justice did not participate.
Holding:
- Leaves the lower-court judgment in place so the challenged censoring decision remains effective.
- Does not resolve the broader legal dispute at the Supreme Court level.
Summary
Background
Grove Press, Inc. and others appealed a decision involving the Maryland State Board of Censors. The case reached the Supreme Court after proceedings in the Court of Appeals of Maryland. Lawyers for both sides argued the case, and several film-industry groups filed briefs urging reversal while a public-morality group urged affirmance.
Reasoning
The Supreme Court heard argument on November 10, 1970 and issued its short per curiam decision on March 8, 1971. The Court’s opinion states simply: “The judgment is affirmed by an equally divided Court.” One Justice, Mr. Justice Douglas, did not take part in the consideration or decision. Because the Justices were evenly split, no single majority opinion explains the Court’s reasoning in this decision.
Real world impact
The immediate practical result is that the lower-court judgment remains in effect, so the Maryland Board of Censors’ ruling stands for the parties involved. The film-industry groups and the public-morality group who filed briefs are identified as having an interest, but the Supreme Court’s tie means it did not resolve the broader legal question at the national level. The split decision leaves the underlying dispute available for future review or litigation.
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