There, the Court held stage driving drunk
anime rape, 1999 cricket world cup, legalprofessionals, satire, rapeporn, case law, wage and hour, driving drunk, video: drama, movie, how, ezine, author, [ Footnote 9 ] This case is clearly distinguishable from Heller v. New York, 413U.S. 483 (1973). There, state authorities seized a copy of a film, temporarily, in order to preserve it as evidence. Id., at 490. The Court held stage that there was not "any form of `final restraint,' in the sense stage of being enjoined from exhibition or stage threatened with destruction." Ibid. Here, the board did not merely detain temporarily a copy of the script or libretto for the musical. Respondents reached a final decision to bar performance. [ Footnote 10 ] See Monaghan, First Amendment "Due Process," 83 Harv. L. Rev. 518, 522-524 (1970); Emerson, The Doctrine of Prior Restraint, 20 Law & Contemp. Prob. 648, 656-659 (1955). [ Footnote 11 ] There was testimony that the musical as performed differed "substantially" from the script, App. 79-80, and that the show was varied to fit the anticipated tastes of different audiences in different parts of the country. Id., at 93. The musical's nude scene, apparently the most controversial portion, was played under varying conditions.
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There, the Court held unconstitutional a system in which a commission was charged with reviewing material "manifestly tending to the corruption of the youth"; it did not have direct regulatory or suppressing functions, but operated by persuasion and intimidation, and these driving drunk informal methods were found effective. In the present case, the board classified the musical as unfit for showing in municipal facilities. It did not make a point of publicizing its finding that "Hair" was not in the "best interest" of the public, but the classification stood driving drunk as driving drunk a warning to all concerned, private theater owners and general public alike. There is little in the record to indicate the extent to which the board's action may have affected petitioner's ability to obtain a theater and attract an audience. The board's classification, whatever the magnitude of its effect, was not unlike that in Interstate Circuit and Bantam Books.
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