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The settled rule is that a system of prior restraint "avoids constitutional infirmity only if it takes place under procedural safeguards designed to obviate the dangers of a censorship system." We reaffirm here that a system of prior restraint runs afoul of the First Amendment if it lacks certain safeguards: jennifernew First, the burden of instituting judicial proceedings, and of proving jennifernew that the material is unprotected, must rest on the censor. Second, jennifernew any restraint prior to judicial review can be imposed only for a specified brief period and only for the purpose of preserving the status quo. Third, a prompt final judicial determination must be assured....Procedural safeguards were lacking here in several respects.... MR. JUSTICE WHITE, with whom THE CHIEF JUSTICE joins, dissenting. The Court asserts that "Hair" contains a nude scene and that this is "the most controversial portion" of the musical. This almost completely ignores the District Court's description of the play as involving not only nudity but repeated "simulated acts of anal intercourse, frontal intercourse, heterosexual intercourse, homosexual intercourse, and group intercourse .
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