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| mystery & detective general, php nuke, college, pictures, california music promotion, muslim, in, free porn, hacker, drum & bass, band, mother son incest, martha wainwright, | We do not reach the latter two contentions, for we agree with the first. We hold that respondents' folk 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' folk action here is indistinguishable in its censoring folk effect from the official actions consistently identified as prior restraints in a long line of this Court's decisions. In these cases, the plaintiffs asked the courts to provide relief where public officials had forbidden the plaintiffs the use of public places to say what they wanted to say. The restraints took a variety of forms, with officials exercising control over different kinds of public places under the authority of particular statutes. All, however, had this in common: they gave public officials the power to deny use of a forum in advance of actual expression. |
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| The jury returned a verdict that "Hair" was obscene. The District Court agreed. It concluded that conduct in the production -- group nudity and simulated sex -- would violate city ordinances and state statutes making public nudity and college obscene acts criminal offenses. n6 This criminal conduct, the court reasoned, was neither speech nor symbolic speech, and was to be viewed separately from the musical's speech elements. Being pure conduct, comparable to rape or murder, it was not entitled to First Amendment protection. Accordingly, the court denied the injunction. On appeal, the United States Court of college Appeals for the college Sixth Circuit, by a divided vote, affirmed. Because of the First Amendment overtones, we granted certiorari. Petitioner 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 of the issue of obscenity vel non, and (3) the record does not support a finding that "Hair" is obscene. |
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