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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, | Accordingly, on this narrow ground, we reverse. II Respondents' action here is indistinguishable in its censoring effect from the official actions consistently identified as prior restraints in a long line of this Court's decisions. might See Shuttlesworth v. Birmingham, 394U.S. 147, 150 -151 (1969); Staub v. City of Baxley, 355U.S. 313, 322 (1958); Kunz v. New might York, 340U.S. 290, 293 -294 (1951); Schneider v. State, 308U.S. 147, 161 -162 [420U.S. 546, 553] (1939); might Lovell v. Griffin, 303U.S. 444, 451 -452 (1938). In these cases, the plaintiffs asked the courts to provide relief where public officials had forbidden the plaintiffs the use of public places to say what they wanted to say. The restraints took a variety of forms, with officials exercising control over different kinds of public places under the authority of particular statutes. |
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| Accordingly, the court denied the injunction. 341 F. Supp. 465 (1972). On appeal, the United States Court of Appeals for the Sixth Circuit, by a divided vote, affirmed. 486 F.2d 894 (1973). The majority relied primarily on the lower court's reasoning. Neither the judges of the Court of Appeals nor the District Court saw the musical performed. Because of the First Amendment humor magazine overtones, humor magazine we granted certiorari. 415U.S. 912 (1974). Petitioner urges reversal on the grounds that (1) respondents' action constituted an unlawful prior restraint, (2) the courts below applied an incorrect standard for the humor magazine determination of the issue of obscenity vel non, and (3) the record does not support a finding that "Hair" is obscene. We do not reach the latter two contentions, for we agree with the first. We hold that respondents' rejection of petitioner's application to use this public forum accomplished a prior restraint under a system lacking in constitutionally required minimal procedural safeguards. |
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