Ban of 'harmful matter' in newsracks upheld

Article Abstract:

The US Court of Appeals for the Ninth Circuit upheld a California statute that banned sale of publications that contained harmful matter in vending machines in public places. Harmful matter was defined to be depicting sexual activity and lacking other value. Publishers, a consumer and a newsrack company filed suit claiming that the law was an unconstitutional restriction of free speech. The Court applied the higher content-based standard for restrictions on speech and found the law constitutional because it served a compelling interest, protecting children, and there was no less restrictive way to carry out that goal.

California, Media coverage, Obscenity (Law), Obscenity

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City can ban newsracks

Article Abstract:

The US Court of Appeals for the 11th Circuit reversed the lower court in Gold Coast Publications, Inc. v. Corrigan and found that a municipal ordinance in Coral Gables, FL that dictated the design and color of newsracks was constitutional. The newspaper had argued that the restriction violated the First Amendment, was a prior restraint and violated trademark law by not allowing the newspaper to use its trade dress. The 11th Circuit applied the commercial speech test and found that the city did have an interest in minimizing blight and that the ordinance was narrowly tailored.

Cases, Trademarks, Commercial speech doctrine

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Beacon Hill 'street furniture' ban upheld as constitutional

Article Abstract:

The US Court of Appeals for the First Circuit ruled in Globe Newspaper v. Beacon Hill Architectural Commission that a ban on all street furniture in the historical district was a content-neutral restriction that was narrowly-tailored to serve a substantial government interest. Newspapers argued that the ban, which covered newsracks as well as other items, violated the First Amendment. The Court emphasize that other methods of distribution, such as street vendors, stores and home delivery, were unaffected by the regulations.

Massachusetts, Historic districts

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