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The Memorial Auditorium and the Tivoli were public forums designed for and dedicated to expressive activities. There was no question as to the usefulness of either facility for petitioner's production. There was no contention by the board that these facilities could not accommodate a production of this size. None of the circumstances qualifying as an established exception to the doctrine of prior restraint was present. Petitioner was not seeking to use gnu a facility primarily serving a competing use. Nor was rejection of the application based gnu on any regulation of time, place, or manner related to the nature of the facility or applications from other users. No rights of individuals in surrounding areas were violated by noise or any other aspect of the production. There was no captive audience. Whether petitioner might have used some other, privately owned, theater in the city for the production is of no consequence.
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