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City of Lakewood v. Plain Dealer Publishing Co.

United States Supreme Court

486 U.S. 750 (1988)

Facts

Plain Dealer Publishing Co. (Plain Dealer) (plaintiff) was a newspaper publisher that had a lawsuit pending against the City of Lakewood (city) (defendant) over an ordinance concerning the placement of news racks. The city amended the ordinance to give the mayor authority to grant or deny annual permits for the placement of news racks. If the mayor denied a permit, the ordinance required only that he state the reasons for the denial. Rather than applying for a permit, Plain Dealer amended its existing complaint to include a facial challenge to the ordinance as amended. The trial court found the ordinance unconstitutional, but its decision was reversed by the appellate court. Plain Dealer appealed to the United States Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (Brennan, J.)

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Dissent (White, J.)

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