Tuesday, June 09, 2009

What is both litter and free speech, and also green all over?

From LEO's Fat Lip blog (June 3):

Constitutional right to litter?:

A Metro Council committee approved an anti-litter ordinance last night that
would prohibit The Courier-Journal (and other offenders) from tossing advertising supplements on front lawns, driveways and sidewalks. The C-J claims this violates the First Amendment and is threatening to challenge the ordinance in court if approved by the entire council next week.
Now look carefully at the bag containing this hunk o' "free speech", as photographed yesterday on 13th Street in New Albany.


Somehow I doubt whether this means the free speech is bio-degradable.

4 comments:

dan chandler said...

To me this appears to be a constitutionally permitted “Time, Place, and Manner” restriction. From a free speech perspective, it’s no more restrictive than a noise ordinance. I find Gannett’s attempt at a First Amendment fig leaf as insulting.

Ann said...

I pick these up off the street all the time and throw them away. As an advertiser, I'd think twice before spending ad dollars on such ineffective advertising, and it seems like the Courier would not want the negative reputation from littering up communities.

So, Dan, it was your dog who wrote the sign? Or are you just renting him out unfurred, or whatever it was?

dan chandler said...

Yes, Roger got the sign all wrong. My dog was checking out the market for clean shaven pups. Why is that not clear to everyone?

Christopher D said...

For what it is worth, an email to the Courier (again) telling them I did not want their trash thrown in my yard was met with a promise to remove our address from their "distribution" list (again)