Controlling Newsracks: Commentary on City of Lakewood v. Plain Dealer

Abstract

Do publishers have a constitutional right to place newsracks on public property? This question and the extent to which newsracks can be regulated will continue to vex local governments in the wake of City of Lakewood v. Plain Dealer, 56 U.S.L.W. 4611 (1988), 40 ZD 281, decided by the U.S. Supreme Court this past term. It is the first high court ruling to deal with this conflict between a free press's First Amendment rights to use (and, some would argue, expropriate) public property and a local government's police power objectives. These objectives include keeping sidewalks and other public areas free of obstructions, maintaining sight distance at intersections and crosswalks, preventing damage to pavements and fixtures, preserving access to public safety devices like fire hydrants and call boxes, and minimizing unaesthetic streetscape clutter.