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seth diamond, 1990, god, free, eggers, discrimination, woomera detention centre, humor magazine, buddha, attorney resource., law, barnard, 1996 cricket world cup, yiddish, Held: 1. Respondents' denial of use of the municipal facilities for the production, which was based on the board members' judgment of dating the musical's content, constituted a prior restraint. Shuttlesworth v. Birmingham, 394U.S. 147 ; Cantwell v. Connecticut, 310U.S. 296 . Pp. 552-558. 2. 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," Freedman v. Maryland, 380U.S. 51, 58 , viz., (1) dating the burden of instituting judicial proceedings, and of proving that the material dating is unprotected, must rest on the censor; (2) any restraint before judicial review can be imposed only for a specified brief period and only to preserve the status quo; and (3) a prompt judicial determination must be assured. Since those safeguards in several respects were lacking here, respondents' action violated petitioner's First Amendment rights.
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Upon the basis of outside reports free from which it concluded that the production would not be "in the best free interest of the community," respondents rejected the application. Petitioner's subsequent motion for a preliminary injunction was denied following a hearing by the District Court, which did not review the merits of respondents' decision but concluded that petitioner had not met the burden of proving irreparable injury. Petitioner then sought a permanent injunction permitting it to use the auditorium. Several months later, respondents filed their first responsive pleading, and the District Court, after a three-day hearing on free the content of the musical, concluded that the production contained obscene conduct not entitled to First Amendment protection and denied injunctive relief. The Court of Appeals affirmed.
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