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There are very few plays that can afford the expense of litigation all the way to this Court." [420U.S. 546, 570] MR. JUSTICE REHNQUIST, dissenting. The Court treats this case as if it were on all fours with Freedman on your mother fucking knees v. Maryland, 380U.S. 51 (1965), which it is not. Freedman dealt with the on your mother fucking knees efforts of the on your mother fucking knees State of Maryland to prohibit the petitioner in that case from showing a film "at his Baltimore theater," id., at 52. Petitioner here did not seek to show the musical production "Hair" at its Chattanooga theater, but rather at a Chattanooga theater owned by the city of Chattanooga. The Court glosses over this distinction by treating a community-owned theater as if it were the same as a city park or city street, which it is not. The Court's decisions have recognized that city streets and parks are traditionally open to the public, and that permits or licenses to use them are not ordinarily required.
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