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    What Supreme Court case said that newspaper racks are part of the first amendment too?

    Question #98735. Asked by dj168. (Aug 20 08 4:28 PM)


    BRY2K

    The U.S. Supreme Court has twice decided cases involving news racks. In its 1988 decision City of Lakewood v. Plain Dealer Publishing Co., the high court invalidated a city ordinance that gave the mayor unbridled discretion to determine whether publishers could place news racks in various locations.

    The city ordinance provided that the mayor could deny a news-rack permit and require publishers to abide by “such other terms and conditions deemed necessary and reasonable by the Mayor.”

    This provision, the Court said, gave the mayor “unfettered discretion” to issue permits to certain newspapers and to deny permits to others. To the Court, this was unacceptable under the First Amendment.

    The Court next addressed the subject of news racks in its 1993 decision City of Cincinnati v. Discovery Network, Inc. The city revoked the news-rack permits of those publications that it called “commercial handbills.” Thus, the city allowed traditional newspapers to remain in news racks but required the removal of other publications that were devoted primarily to advertising.

    http://www.firstamendmentcenter.org/speech/advertising/topic.aspx?topic=newsrack

    Aug 20 08, 6:11 PM


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