City of Cincinnati v. Discovery Network, Inc., et al. (507 U.S. 410)
U.S. Supreme Court · decided March 24, 1993 · Supreme Court Database (Spaeth)
- Citation
- 507 U.S. 410 · 113 S. Ct. 1505
- Decided
- March 24, 1993
- Term
- October Term 1992
- Vote
- 6–3
- Majority author
- Justice Stevens
- Issue area
- First Amendment
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
- Constitutional ruling
- Local ordinance held unconstitutional
Opinion excerpt
Justice Stevens delivered the opinion of the Court. Motivated by its interest in the safety and attractive appearance of its streets and sidewalks, the city of Cincinnati has refused to allow respondents to distribute their commercial publications through freestanding newsracks located on public property. The question presented is whether this refusal is consistent with the First Amendment. In agreement with the District Court and the Court of Appeals, we hold that it is not. I Respondent Discovery Network, Inc., is engaged in the business of providing adult educational, recreational, and social programs to individuals in the Cincinnati area. It advertises those programs in a free magazine that it publishes nine times a year. Although these magazines consist primarily of promotional material pertaining to Discovery’s courses, they also include some information about current events of general interest. Approximately one-third of these magazines are distributed through the 38 newsracks that the city authorized Discovery to place on public property in 1989. Respondent Harmon Publishing Company, Inc., publishes and distributes a free magazine that advertises real" estate for sale at various locations throughout the United States. The magazine contains listings and photographs of available residential properties in the greater Cincinnati area, and also includes some information…
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