The settled rule is referals the traveller
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The settled rule the traveller is that a system of prior restraint "avoids constitutional infirmity only if it takes place under procedural safeguards designed to obviate the dangers of a censorship system." We reaffirm here that a system of prior restraint runs afoul of the First Amendment if it lacks certain safeguards: First, the burden of instituting judicial proceedings, and of proving that the material is unprotected, must rest on the the traveller censor. Second, any restraint prior to judicial review can be imposed only for a specified the traveller brief period and only for the purpose of preserving the status quo. Third, a prompt final judicial determination must be assured....Procedural safeguards were lacking here in several respects.... MR. JUSTICE WHITE, with whom THE CHIEF JUSTICE joins, dissenting. The Court asserts that "Hair" contains a nude scene and that this is "the most controversial portion" of the musical.
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