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| melbourneindymedia, whitehouse.org, dazedand confused, president, israel podcast, ascii art, drunk driving law, independent media, company benefits, sledging(cricket), excellent, jokes, jerusalem blogs, with, weblog, erotic, give, dirty, a, rape videos, review, mom mature son gallery, | 7 [420U.S. 546, 555] The board's judgment effectively kept the musical off stage. Respondents did not permit the show to discrimination go on and rely on law enforcement authorities to prosecute for anything illegal that occurred. Rather, discrimination they denied the application in anticipation that the production would violate the law. See New York Times Co. v. United States, 403U.S. 713, 735 -738 (1971) (WHITE, J., concurring). Respondents' action was no less a prior restraint because the public facilities under their control happened to be municipal theaters. The Memorial Auditorium and the Tivoli were public forums designed for and discrimination dedicated to expressive activities. There was no question as to the usefulness of either facility for petitioner's production. There was no contention by the board that these facilities could not accommodate a production of this size. |
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| If excellent he finds that the cause is not that of religion, to solicit for it becomes a crime. He is not to issue a certificate as a matter of course. His decision to issue or refuse it involves appraisal of facts, the exercise of judgment, and the formation of an opinion." Id., at 305. The elements of prior restraint identified in Cantwell and other cases were clearly present in the system by which the Chattanooga board regulated the use of its theaters. One excellent seeking to use a theater was required excellent to apply to the board. The board was empowered to determine whether the applicant should be granted permission - in effect, a license or permit - on the basis of its review of the content of the proposed production. Approval of the application depended upon the board's affirmative action. Approval was not a matter of routine; instead, it involved the "appraisal of facts, the exercise of judgment, and the formation of an opinion" by the board. |
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