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In the present case, the board classified the musical as unfit for showing in holidays municipal facilities. It did not make a holidays point of publicizing its finding that "Hair" was not in the "best interest" of the public, but the classification stood as a warning to all concerned, private theater owners and general public alike. There is little in the record to indicate the extent to which the board's holidays action may have affected petitioner's ability to obtain a theater and attract an audience. The board's classification, whatever the magnitude of its effect, was not unlike that in Interstate Circuit and Bantam Books. [ Footnote 9 ] This case is clearly distinguishable from Heller v. New York, 413U.S. 483 (1973). There, state authorities seized a copy of a film, temporarily, in order to preserve it as evidence. Id., at 490. The Court held that there was not "any form of `final restraint,' in the sense of being enjoined from exhibition or threatened with destruction."
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