Trombetta v. Atlantic City

Trombetta v. Atlantic City

ROBERT TROMBETTA, PLAINTIFF, v. THE MAYOR AND COMMISSIONERS OF THE CITY OF ATLANTIC CITY, A MUNICIPAL CORPORATION, DEFENDANT.
Superior Court of New Jersey, Law Division Atlantic County.

,.. a law subjecting the exercise of First Amendment freedoms to the prior restraint of a license, without narrow, objective, and definite standards to guide the licensing authority, is unconstitutional. "It is settled by a long line of recent decisions of this Court that an ordinance which, like this one, makes the peaceful enjoyment of freedoms which the Constitution guarantees contingent upon the uncontrolled will of an official as by requiring a permit or license which may be granted or withheld in the discretion of such official is an unconstitutional censorship or prior restraint upon the enjoyment of those freedoms." [at 151, 89 S. Ct. at 938; citation omitted].

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