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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, | In Hague v. CIO (1939), a Jersey City ordinance that forbade public assembly in the streets or parks without a permit from the local imc director of safety, who was empowered to refuse the permit upon his opinion that he would thereby prevent imc "'riots, disturbances or disorderly assemblage,'" was held void on its face.... The elements of prior restraint were clearly present in the system by which the Chattanooga board regulated the use of its theaters. One seeking to use a theater imc was required 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 of the content of the proposed production. Approval of the application depended upon the board's affirmative action. |
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| Invariably, the Court has felt obliged to condemn systems in which the exercise of such authority was not bounded by precise and clear standards. The reasoning has been, simply, that the danger of censorship and of abridgment of pictures our precious First Amendment freedoms is too great where officials have unbridled discretion over a pictures forum's use. Our distaste pictures for censorship -- reflecting the natural distaste of a free people -- is deep-written in our law. In each of the cited cases the prior restraint was embedded in the licensing system itself, operating without acceptable standards. In Shuttlesworth the Court held unconstitutional a Birmingham ordinance which conferred upon the city commission virtually absolute power to prohibit any "parade," "procession," or "demonstration" on streets or public ways. It ruled that "a law subjecting the exercise of First Amendment freedoms to the prior restraint of a license, without narrow, objective, and definite standards to guide the licensing authority, is unconstitutional." |
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