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Southeastern some weeks later pressed for a permanent injunction permitting it to use the larger auditorium, rather than the Tivoli, on Sunday, April 9, hush!| sons and mothers 1972. The District Court held three days of hearings beginning April 3. On the issue of obscenity, presented to an advisory jury, it took evidence consisting of the full script and libretto, with production notes and stage instructions, a recording of the musical numbers, a souvenir program, hush!| sons and mothers and the testimony of seven witnesses who had hush!| sons and mothers seen the production elsewhere. The jury returned a verdict that "Hair" was obscene. The District Court agreed. It concluded that conduct in the production -- group nudity and simulated sex -- would violate city ordinances and state statutes making public nudity and obscene acts criminal offenses. n6 This criminal conduct, the court reasoned, was neither speech nor symbolic speech, and was to be viewed separately from the musical's speech elements.
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