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Constitutional Law Keyed to Chemerinsky
City of Lakewood v. Plain Dealer Publishing Co.
Citation:
486 U.S. 750 (1988)Facts
Prior to 1983, the City of Lakewood prohibited any private structures on public property. After this prohibition was ruled unconstitutional, Lakewood adopted an ordinance allowing newsracks on public property subject to permit approval by the mayor. The ordinance gave the mayor authority to grant or deny applications for annual newsrack permits, requiring only that the mayor state reasons for denial. If granted, permits were subject to several conditions, including approval of newsrack design by the city’s Architectural Board of Review, an indemnification agreement, and “other terms and conditions deemed necessary and reasonable by the Mayor.” The Plain Dealer Publishing Company challenged the constitutionality of the ordinance without first applying for a permit, arguing that the ordinance gave the mayor unbridled discretion that could be used to suppress speech based on its content or viewpoint.
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