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Constitutional Law Keyed to Stone
Southeastern Promotions, Ltd. v. Conrad
Citation:
420 U.S. 546 (1975)Facts
Southeastern Promotions, Ltd., a theatrical production company, applied on October 29, 1971, to use the Tivoli Theater, a privately owned facility under long-term lease to the city of Chattanooga, to present the rock musical “Hair” for a six-day engagement. The directors of the Chattanooga Memorial Auditorium met and voted to reject the application after a brief discussion. None of the directors had seen the play or read the script, but they understood from outside reports that the production involved nudity and obscenity. They determined it would not be “in the best interest of the community” and notified Southeastern without providing written reasons. Southeastern filed suit alleging First Amendment violations, seeking injunctive relief. The District Court denied preliminary relief and later, after hearing evidence on the play’s content including testimony from witnesses who had seen it elsewhere, denied a permanent injunction, finding that the production would violate city ordinances and state statutes against public nudity and obscenity. The Court of Appeals affirmed, primarily relying on the lower court’s reasoning. Neither court saw the actual performance.
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