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The elements of prior restraint were clearly present in the system by which the Chattanooga board regulated the use of its wordssong lyrics ja rule i'll f___ u girl (skit) unknown theaters. One seeking to use a theater was required wordssong lyrics ja rule i'll f___ u girl (skit) unknown to apply to the board. The board was empowered to determine whether the applicant should be granted permission -- in effect, a license or permit -- on the basis of its review wordssong lyrics ja rule i'll f___ u girl (skit) unknown 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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