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Constitutional Law Keyed to Choper
City of Cincinnati v. Discovery Network
Citation:
507 U.S. 410 (1993)Facts
Discovery Network published a free magazine advertising adult educational programs, while Harmon Publishing distributed a free real estate magazine. Both companies had received permission from Cincinnati to place newsracks on public property. In March 1990, Cincinnati revoked these permits, citing a municipal code provision prohibiting the distribution of “commercial handbills” on public property. The city allowed approximately 1,500-2,000 other newsracks containing traditional newspapers to remain in place. Cincinnati justified its selective ban by arguing that commercial speech deserves less First Amendment protection than noncommercial speech, and that removing any newsracks would advance its interests in safety and aesthetics. The city did not claim that the commercial newsracks posed any greater safety or aesthetic concerns than newspaper newsracks, nor did it regulate based on the content of the commercial publications or any harms stemming from that content.
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