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Accordingly, the court denied the injunction. On appeal, the United States Court of Appeals for the Sixth Circuit, newsgeek by a divided vote, affirmed. Because of the First Amendment overtones, we granted certiorari. Petitioner newsgeek urges reversal on the grounds that (1) respondents' action constituted an unlawful prior restraint, (2) the courts below applied an incorrect standard for the determination newsgeek of the issue of obscenity vel non, and (3) the record does not support a finding that "Hair" is obscene. We do not reach the latter two contentions, for we agree with the first. We hold that respondents' rejection of petitioner's application to use this public forum accomplished a prior restraint under a system lacking in constitutionally required minimal procedural safeguards. Respondents' action here is indistinguishable in its censoring effect from the official actions consistently identified as prior restraints in a long line of this Court's decisions.
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