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OTR MEDIA GROUP, INC. v. CITY OF NEW YORK

4734, 116293/06.

83 A.D.3d 451 (2011)

920 N.Y.S.2d 337

OTR MEDIA GROUP, INC., Appellant, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 7, 2011.

The motion court correctly held that the subject advertising regulations that restrict outdoor advertising situated within view of arterial highways and public parks and impose substantial penalties for violations do not violate plaintiff's right to free speech under the New York State Constitution (see NY Const, art I, § 8). Contrary to plaintiff's contention, the New York State Constitution does not afford heightened free speech protections to commercial speech...

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