Cite as: 507 U. S. 410 (1993)
Syllabus
dispensing "commercial handbills" and its interests in safety and esthetics. This argument is premised upon the distinction the city has drawn between commercial speech such as respondents', which is viewed as having only a low value, and the assertedly more valuable noncommercial speech of "newspapers," whose distribution on public land is specifically authorized by separate provisions of the city code. The argument attaches more importance to that distinction than the Court's cases warrant and seriously underestimates the value of commercial speech. Moreover, because commercial and noncommercial publications are equally responsible for the safety concerns and visual blight that motivated the city, the distinction bears no relationship whatsoever to the admittedly legitimate interests asserted by the city and is an impermissible means of responding to those interests. Thus, on this record, the city has failed to make a showing that would justify its differential treatment of the two types of newsracks. Pp. 418-428. (c) Because the city's regulation of newsracks is predicated on the difference in content between ordinary newspapers and commercial speech, it is not content neutral and cannot qualify as a valid time, place, or manner restriction on protected speech. See, e. g., Ward v. Rock Against Racism, 491 U. S. 781, 791. Pp. 428-431. 946 F. 2d 464, affirmed.
Stevens, J., delivered the opinion of the Court, in which Blackmun, O'Connor, Scalia, Kennedy, and Souter, JJ., joined. Blackmun, J., filed a concurring opinion, post, p. 431. Rehnquist, C. J., filed a dissenting opinion, in which White and Thomas, JJ., joined, post, p. 438.
Mark S. Yurick argued the cause for petitioner. With him on the briefs was Fay D. Dupuis.
Marc D. Mezibov argued the cause for respondents. With him on the brief was Martha K. Landesberg.*
*Richard Ruda, Michael G. Dzialo, and Peter Buscemi filed a brief for the U. S. Conference of Mayors et al. as amici curiae urging reversal.
Briefs of amici curiae urging affirmance were filed for the American Advertising Federation et al. by Richard E. Wiley, Lawrence W. Se-crest III, Howard H. Bell, John F. Kamp, David S. Versfelt, Robert J. Levering, and Valerie Schulte; for the Association of National Advertisers, Inc., et al. by Burt Neuborne, Gilbert H. Weil, Randolph Z. Volkell, John F. Kamp, David Versfelt, Jan S. Amundson, Quentin Riegel, and Edward Dunkelberger; for the Institute for Justice by William H. Mellor III and Clint Bolick; for the Learning Resources Network by Bruce R.
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