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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, | Joseph Burstyn, Inc. v. Wilson, 343U.S. 495, 503 (1952); see Red Lion Broadcasting Co. v. FCC, 395U.S. 367 (1969). By its nature, nihilism theater usually is the acting out - or singing out - [420U.S. 546, 558] of the written word, and frequently mixes speech with live action or conduct. But that is no reason to hold theater subject to a drastically different standard. For, as was said in Burstyn, supra, at 503, when the Court was faced with the question of what First Amendment standard applies to films: "[T]he nihilism basic principles of freedom of nihilism speech and the press, like the First Amendment's command, do not vary. Those principles, as they have frequently been enunciated by this Court, make freedom of expression the rule. |
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Schneider v. State, 308U.S., at barnard 163 . Thus, it does not matter for purposes of this case that the board's decision might not have had the effect of total suppression barnard of the musical in the community. Denying use of the municipal facility under the circumstances present here constituted the prior restraint. 8 [420U.S. 546, 557] barnard That restraint was final. It was no mere temporary bar while necessary judicial proceedings were under way. 9 Only if we were to conclude that live drama is unprotected by the First Amendment - or subject to a totally different standard from that applied to other forms of expression - could we possibly find no prior restraint here. Each medium of expression, of course, must be assessed for First Amendment purposes by standards suited to it, for each may present its own problems. |
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