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- Chief Justice Rehnquist, with whom Justice White and ì
- Justice Thomas join, dissenting.
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- Concerned about the safety and esthetics of its streets ì
- and sidewalks, the city of Cincinnati decided to do something ì
- about the proliferation of newsracks on its street corners. ì
- Pursuant to an existing ordinance prohibiting the distribution of ì
- "commercial handbills" on public property, the city ordered ì
- respondents Discovery Network, Inc., and Harmon Publishing ì
- Company, Inc., to remove their newsracks from its sidewalks ì
- within 30 days. Respondents publish and distribute free of ì
- charge magazines that consist principally of commercial speech. ì
- Together their publications account for 62 of the 1,500-2,000 ì
- newsracks that clutter Cincinnati's street corners. Because the ì
- city chose to address its newsrack problem by banning only those ì
- newsracks that disseminate commercial handbills, rather than ì
- regulating all newsracks (including those that disseminate ì
- traditional newspapers) alike, the Court holds that its actions ì
- violate the First Amendment to the Constitution. I believe this ì
- result is inconsistent with prior precedent.
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