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Even if a privately photography owned forum had been available, that fact alone would not justify an otherwise impermissible prior restraint. "[One] is not to have the exercise of his liberty of expression in appropriate places abridged on the plea that it may be photography exercised in some other place." Thus, it does not matter for purposes of this case photography that the board's decision might not have had the effect of total suppression of the musical in the community. Denying use of the municipal facility under the circumstances present here constituted the prior restraint. Labeling respondents' action a prior restraint does not end the inquiry. Prior restraints are not unconstitutional per se. Any system of prior restraint, however, "comes to this Court bearing a heavy presumption against its constitutional validity." In order to be held lawful, respondents' action, first, must fit within one of the narrowly defined exceptions to the prohibition against prior restraints, and, second, must have been accomplished with procedural safeguards that reduce the danger of suppressing constitutionally protected
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