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CITY OF CINCINNATI v. DISCOVERY NETWORK, INC.

No. 91-1200.

507 U.S. 410 (1993)

CITY OF CINCINNATI v. DISCOVERY NETWORK, INC., et al.

United States Supreme Court.

Decided March 24, 1993.

Attorney(s) appearing for the Case

Mark S. Yurick argued the cause for petitioner. With him on the briefs was Fay D. Dupuis.

Marc D. Mezibov argued the cause for respondents. With him on the brief was Martha K. Landesberg.*

Stevens, J., delivered the opinion of the Court, in which Blackmun, O'Connor, Scalia, Kennedy, and Souter, JJ., joined. Blackmun, J., filed a concurring opinion, p. 431. Rehnquist, C. J., filed a dissenting opinion, in which White and Thomas, JJ., joined, p. 438.

Justice Stevens, delivered the opinion of the Court.

Motivated by its interest in the safety and attractive appearance of its streets and sidewalks, the city of Cincinnati has refused to allow respondents to distribute their commercial publications through freestanding newsracks located on public property. The question presented is whether this refusal is consistent with the First Amendment.1...

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