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In 1989, the city of Cincinnati authorized Discovery Network, Inc., to place on public property freestanding news racks for distributing free magazines that con- sisted

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In 1989, the city of Cincinnati authorized Discovery Network, Inc., to place on public property freestanding news racks for distributing free magazines that con- sisted primarily of advertising for Discovery Network's service. In 1990, the city became concerned about the safety and attractive appearance of its streets and side- walks and revoked Discovery Network's permit on the grounds that the magazines were commercial handbills whose distribution was prohibited on public property by a preexisting ordinance. Discovery Network argues that the prohibition is an excessive regulation of its commer- cial speech and a violation of its rights. The city main- tains the elimination of the news racks decreases litter and increases safety. Is the ban on news racks constitu- tional

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