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  5. 69 N.Y.2d 576 (1987)
 

CITY OF NY v. AM. SCH.

69 N.Y.2d 576 (1987)

City of New York, Appellant, v. American School Publications, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided June 2, 1987.

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Paul T. Rephen, Leonard Koerner, Jeffrey D. Friedlander and Joan R. Schafrann of counsel), for appellant.

Howard J. Rubin, Marlene L. Glazer and Janet B. Linn for respondents.

Arthur N. Eisenberg for New York Civil Liberties Union, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

BELLACOSA, J.

We conclude that it would be a violation of the First Amendment of the United States Constitution to allow the City of New York, in the absence of local ordinance or regulation, to invoke judicial enforcement of its efforts to clear the City's sidewalks of defendants' bins installed for distribution of a free publication called The Learning Annex Magazine, whether the magazine is categorized as...

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