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The District Court held three days of hearings beginning friends April 3. On the issue of obscenity vel non, presented to an advisory jury, it took evidence consisting of the full script and libretto, with production notes and stage instructions, friends a recording of the musical numbers, a souvenir program, and the testimony of seven witnesses who had 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 5 making public friends nudity and [420U.S. 546, 551] obscene acts criminal offenses. 6 This criminal conduct, the court reasoned, was neither speech nor symbolic speech, and was to be viewed separately from the musical's [420U.S. 546, 552] speech elements. Being pure conduct, comparable to rape or murder, it was not entitled to First Amendment protection.
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