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| comedies & family ent., branding consultants, redhat, naming, user:jobe6/dontlook, seattle newspapers, mcsweeney's, ernie c, weird, defacement, music magazine, review, washington, enlightenedtheme for wordpress, independent record labels, ecommerce, | The elements of prior restraint were clearly confession present in the system by which the Chattanooga board regulated confession the use of its theaters. One seeking to use a theater was required to apply to the board. The board was empowered to determine whether the applicant should be granted permission -- in effect, confession a license or permit -- on the basis of its review of the content of the proposed production. Approval of the application depended upon the board's affirmative action. Approval was not a matter of routine; instead, it involved the "appraisal of facts, the exercise of judgment, and the formation of an opinion" by the board. The board's judgment effectively kept the musical off stage. Respondents did not permit the show to go on and rely on law enforcement authorities to prosecute for anything illegal that occurred. |
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| Our distaste for censorship -- reflecting the natural distaste of a free people -- is deep-written in our law. In each of the cited cases the prior restraint was embedded in the licensing system itself, operating without acceptable standards. In Shuttlesworth the Court held unconstitutional a Birmingham seattle newspapers ordinance which conferred upon the city commission virtually absolute power to prohibit any "parade," "procession," or "demonstration" on seattle newspapers streets or public ways. It ruled that "a law subjecting the exercise of First Amendment freedoms to the seattle newspapers prior restraint of a license, without narrow, objective, and definite standards to guide the licensing authority, is unconstitutional." In Hague v. CIO (1939), a Jersey City ordinance that forbade public assembly in the streets or parks without a permit from the local director of safety, who was empowered to refuse the permit upon his opinion that he would thereby prevent "'riots, disturbances or disorderly assemblage,'" was held void on its face.... |
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