Lexington H-L Services, Inc. v. Lexington-Fayette Urban County Government

Lexington-Fayette Urban County, Ky. officials ban leaving unsolicited written materials on people’s driveways, yards—which means publisher of free weekly paper will have to leave it in a mailbox, betwixt an interior and exterior door, or another statutorily prescribed place. A First Amendment violation or a reasonable attempt to cut down on visual blight and litter while protecting property owners from unwanted paper? District court: Probably the former. Sixth Circuit: Reversed. The ordinance can go into effect while the publisher’s suit proceeds.

Tags: 2018, First Amendment, Fourteenth Amendment, Preliminary Injunction, Sixth Circuit

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