12/24/2023 0 Comments Chicago newsrack ordinance3d 441 California Newspaper Publishers Assn., Inc. It is understandable that their transformation from a convenience to a municipal problem does not always trigger legislative responses which successfully avoid the constitutional pitfalls inevitable in an area that involves freedom of speech and of the press - particularly when the state Legislature has already preempted much of the field.Īlthough proliferation problems should be relatively easy to solve - a newsrack containing the Wall Street Journal obstructs a sidewalk as much as one that offers erotica - two anti-proliferation ordinances have already foundered on First Amendment shoals. Lately, however, because their proliferation has made them a major traffic hazard for pedestrians and their contents indicate that they are a handy way of peddling smut, they have aroused the concern of local legislatures and become the subject of prohibitory and regulatory ordinances. Until a few years ago, sidewalk newsracks were nothing but a convenience for the vendee, as well as an economical means of distribution for the vendor. McConnell and Rand Schrader, Deputy City Attorneys, for Defendants and Respondents. Chotiner for Plaintiff and Appellant.īurt Pines, City Attorney, Ward G. J., with Ashby and Hastings, JJ., concurring.) CITY OF LOS ANGELES et al., Defendants and Respondents
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