ÃÛÖ­ÏãÌÒ

Legal Principle at Issue

Whether a city ordinance prohibiting the distribution of commercial flyers from news racks on city-owned property violates the First Amendment.

Action

The Supreme Court affirmed the Court of Appeals and held that the city’s ordinance was unconstitutional.

Facts/Syllabus

The Discovery Network sought to distribute commercial flyers from newspaper racks on city-owned property. Cincinnati had a policy against allowing commercial distribution for reasons of safety and aesthetics.

Importance of Case

The Court affirmed that, while commercial speech maintains less protections, the government must have a reasonable fit between its justifiable aims and the means by which they accomplish those aims.