Case Overview

Legal Principle at Issue

Whether a city ordinance prohibiting the distribution of commercial flyers from news racks on city-owned property violates the First Amendment.

Action

The Supreme Court affirmed the Court of Appeals and held that the city’s ordinance was unconstitutional.

Facts/Syllabus

The Discovery Network sought to distribute commercial flyers from newspaper racks on city-owned property. Cincinnati had a policy against allowing commercial distribution for reasons of safety and aesthetics.

Importance of Case

The Court affirmed that, while commercial speech maintains less protections, the government must have a reasonable fit between its justifiable aims and the means by which they accomplish those aims.

Cite this page

  • CITY OF CINCINNATI v. DISCOVERY NETWORK, INC., et al.. (n.d.). First Amendment Library. Retrieved April 14, 2025, from https://www.thefire.org/supreme-court/city-cincinnati-v-discovery-network-inc-et-al
  • CITY OF CINCINNATI v. DISCOVERY NETWORK, INC., et al., First Amendment Library, https://www.thefire.org/supreme-court/city-cincinnati-v-discovery-network-inc-et-al (last visited 14 Apr. 2025).
  • Foundation for Individual Rights and Expression (FIRE). "CITY OF CINCINNATI v. DISCOVERY NETWORK, INC., et al.." Oyez. https://www.thefire.org/supreme-court/city-cincinnati-v-discovery-network-inc-et-al (accessed April 14, 2025).
  • "CITY OF CINCINNATI v. DISCOVERY NETWORK, INC., et al.." First Amendment Library. Foundation for Individual Rights and Expression (FIRE), n.d. 14 Apr. 2025, www.thefire.org/supreme-court/city-cincinnati-v-discovery-network-inc-et-al.
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