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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, | See Kovacs v. Cooper, 336U.S. 77 (1949). There was no captive audience. See Lehman v. City of Shaker Heights, 418U.S. 298, 304 , 306-308 (1974); Public Utilities Comm'n v. Pollak, 343U.S. 451, 467 -468 (1952) free us code (DOUGLAS, J., dissenting). Whether petitioner might have used some other, privately owned, theater in the city for the production is of no consequence. There is reason to doubt on this record whether any other facility would have served as well as these, since none apparently had the seating capacity, acoustical features, stage equipment, free us code and electrical service free us code that the show required. Even if a privately owned forum had been available, that fact alone would not justify an otherwise impermissible prior restraint. "[O]ne is not to have the exercise of his liberty of expression in appropriate places abridged on the plea that it may be exercised in some other place." |
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The Memorial Auditorium and the Tivoli were public forums designed for and dedicated to expressive activities. There was no question as to the usefulness of either law facility for petitioner's production. There was no contention by the board that these facilities could not accommodate a production of this size. None of the circumstances qualifying as an established exception to the doctrine of prior restraint was present. Petitioner was not seeking to use a facility primarily serving a competing use. See, e. g., Cameron law v. Johnson, 390U.S. 611 (1968); Adderley v. Florida, 385U.S. 39 (1966); Brown v. Louisiana, 383U.S. 131 (1966). Nor was rejection of the application based on any regulation of time, place, or manner related to the nature of the facility or applications from other users. See Cox v. New Hampshire, 312U.S. 569, 574 (1941); Poulos v. New Hampshire, 345U.S. 395, 408 (1953). No rights [420U.S. 546, 556] of individuals in surrounding areas were violated by noise or any other aspect of the production. |
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