In a case that we previously reported on last winter, a federal district court in Kentucky ruled last month that Lexington’s law restricting the locations where newspapers may be delivered meets intermediate scrutiny under the First Amendment. Lexington’s ordinance requires that newspapers be delivered on porches, attached to doors, placed in mail slots, left in distribution boxes, or personally delivered.
The facts of the case can be found in our January 2018 post on the case of Lexington H-L Services, Inc. v. Lexington-Fayette Urban County Government. After the Sixth Circuit Court of Appeals reversed the district court’s entry of a preliminary injunction in the case, the parties proceeded to summary judgment briefing on the understanding that there were no genuine disputes as to material fact.
In ruling on cross-motions for summary judgment, the court first found that the restriction on the locations where newspaper can be delivered is content neutral: the regulation is not dependent upon the content of the newspaper, but simply identifies the locations on private property where a newspaper may be delivered. Moreover, the court observed that the city’s goals in reducing litter, visual blight, and public safety were content neutral in purpose. The court went on to find that the restrictions on delivery were narrowly tailored to these goals. Continue Reading On Summary Judgment, District Court Upholds Lexington Newspaper-Distribution Law