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Report No. 101

5.15. Orgainisation other than newspapers.-

Cases relating to freedom of expression claimed by organisation other than those connected with newspapers are also available in U.S.A. Thus, the denial by the Chattanooga municipal board of an application made by the promoters of theatrical productions for the use of a municipal theatre in presenting the rock musical "Hair" constitutes a prior restraint on the freedom of expression under a system lacking in the constitutionally required minimum of safeguards1. This decision is regarded by some as resting on right to public forum2. Similarly, in a case involving a corporation3, it was held that a particular restriction by way of prior restraint was not valid as presenting as "exceptional" case4.

1. South-eastern Promoters Ltd. v. Collard, (1975) 43 L Ed 2d 448: 420 US 546.

2. Lawrence Tribe American Constitutional Law, (1978), paras. 12-21, as referred to by Archibald Cox Freedom of Expression, (1981), p. 58, fn. 205.

3. Bantam Book Inc. v. Sullivan, (1963) 372 US 48: 9 L Ed 2d 5684.

4. OF Willis cited in para. 5.5, supra.

Freedom of Speech and Expression under Article 19 of the Constitution - Recommendation to Extend it to Indian Corporations Back

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