Constitutional Law: HW#5 Free Speech Practice Question
The City of Cincinnati, for reasons of safety and appearances on its streets and sidewalks,
would not allow news racks and advertising papers that distributed "commercial
handbills" (e.g. real estate ad circulars, free newspapers and advertising papers). These
news racks constituted 3% of all news racks in the City. Regular newspapers were
allowed to have racks. Discovery Network, publisher of the free circulars sued the City
for violating its First Amendment Rights. Did the publisher win? Explain and apply the
rules of law.
Students, here are the questions you need to answer to analyze this problem. What type of
speech is being regulated? Is content being regulated? What tests does the City have to
pass in order to uphold its action revoking Discovery’s permit? Is the City’s ban on the
newsracks constitutional?
Complete the following:
1. What type of free speech is involved?
Commercial Speech(Advertising)
2. Is the content being regulated? Explain.
Yes, it is not allowing for new racks and advertising papers that distrubted “commercial
handbills”. It would ultimately be limiting the amount of speech that be in the vicinity.
3. What tests must the City’s law pass?
Quasi-strict scrutiny test.
ROL 1: Speech must be truthful and not misleading.
Apply: These are truthful Adveristments
ROL 2: The law must directly and significantly advance a substantial state interest
This means the law must have a meaningful impact on solving the problem. It does
not have to solve the entire problem.
Apply: It is stated that this if or safety and appearances on tis streets and sidewalks, while
this does not hold true, since it is not limiting regular newspapers.
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