Article Abstract:
Newspapers in Ohio, New York, South Carolina and Pennsylvania successfully fought back against attempts to ban or curtail by expense their use of newsracks. Cincinnati OH and New York City attempted to ban newsracks for commercial publications and courts ruled against them. Airport authorities at the Greenville-Spartanburg SC airport tried to restrict newsracks in terminals, but a court ruled the airport was a public forum and the regulation restricted First Amendment expression. The Philadelphia International PA airport authorities proposed the adoption of expensive newsracks as part of a capital improvement project and have agreed to pay part of the cost.
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Article Abstract:
The US Court of Appeals for the 4th Circuit ruled in Muoltimedia Publishing Co v. Greenville-Spartanburg Airport District that banning newsracks in a South Carolina airport terminal violated First Amendment protection of the distribution of newspapers. The airport terminal was ruled not a public forum, but the court stated that First Amendment protections go beyond such a forum. The court agreed that the airport authority had a legitimate interest in the regulation of newsracks on its property, but a total ban on them was considered an unreasonable regulation.
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Article Abstract:
The US Supreme Court ruled in Cincinnati v. Discovery Network, Inc that a municipal ordinance forbidding newsracks for the distribution of commercial handbills constituted a restriction of commercial speech. The court stated free speech rights were more important than the city's esthetic reasons for not wanting additional newsracks, and the city had underestimated the commercial speech's value.
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