SOUTHEASTERN PROMOTIONS, LTD. v. CITY OF WEST PALM BEACH

No. 71-3220.

457 F.2d 1016 (1972)

SOUTHEASTERN PROMOTIONS, LTD., Plaintiff-Appellant, v. CITY OF WEST PALM BEACH et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 12, 1972.


Attorney(s) appearing for the Case

Oth Miller, Amarillo, Tex., Henry P. Monaghan, Boston, Mass., Ronald Sales, Palm Beach, Fla., Gerald A. Berlin, Boston, Mass., for plaintiff-appellant.

Walton, Lantaff, Schroeder, Carson & Wahl, James Knight, James W. Vance, Farish & Farish, West Palm Beach, Fla., for Boyes.

Thomas F. Choyce, Associate City Atty., Henry L. Bowden, Atlanta, Ga., amici curiae.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.


GOLDBERG, Circuit Judge:

This is a classic case involving the principle that our government is one of laws and not of men. The City of West Palm Beach, Florida, acting through a duly authorized official, refused a license to the promoter of the musical "Hair" to display the production in a municipal auditorium on the basis that the musical does not constitute "family entertainment." Finding that subjective authoritarianism in the denial of First Amendment rights is...

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