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City of Cincinnati v. Discovery Network (Docket #: 91-1200) (1993)  [Findlaw]

Secondary Link City of Cincinnati v. Discovery Network  [Legal Information Institute]
Argument Date 11/09/1992
Decided 03/24/1993
Supreme Court Vote 6-3
Supreme Court Ruling First Amendment claim sustained; held the city's selective and categorical ban on the distribution, via news rack, of "commercial handbills" is not consistent with the dictates of the First Amendment
IssueWhether a city may constitutionally ban news racks from which owners disseminate publications that are comprised primarily of advertising material.
Case Summary & Additional Resources
Majority Opinion Stevens, J. (joined by Blackmun, O’Connor, Scalia, Kennedy, and Souter, JJ.)
Concurring Opinion Blackmun, J.
Dissenting Opinion Rehnquist, C.J. (joined by White and Thomas, JJ.)
Lower Court 6th Circuit
Lower Court Ruling First Amendment claim sustained
For Petitioner
Mark S. Yurick

For Respondent
Marc D. Mezibov

For Petitioner
Fay D. Dupuis

For Respondent
Martha K. Landesberg

For Amicus
American Advertising Federation; Association of National Advertisers, Inc.; Institute for Justice; Learning Resources Network; Washington Legal Foundation

City of New York and American Newspaper Publishers Association

U.S. Conference of Mayors

Opinion - Lower Court
Discovery Network, Inc. v. Cincinnati, 946 F. 2d 464
Brody, Steven G. & Johnson, Bruce E.H., ADVERTISING AND COMMERCIAL SPEECH: A FIRST AMENDMENT GUIDE (2nd ed., 2006) §5:7
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