Cite as: 507 U. S. 410 (1993)
Opinion of the Court
On appeal, the city argued that since a number of courts had held that a complete ban on the use of newsracks dispensing traditional newspapers would be unconstitutional,7 and that the "Constitution . . . accords a lesser protection to commercial speech than to other constitutionally guaranteed expression," Central Hudson Gas & Electric Corp. v. Public Serv. Comm'n of N. Y., 447 U. S. 557, 563 (1980), its preferential treatment of newspapers over commercial publications was a permissible method of serving its legitimate interest in ensuring safe streets and regulating visual blight.8 The Court of Appeals disagreed, holding that the lesser status of commercial speech is relevant only when its regulation was designed either to prevent false or misleading advertising, or to alleviate distinctive adverse effects of the specific speech at issue. Because Cincinnati sought to regulate only the "manner" in which respondents' publications were distributed, as opposed to their content or any harm caused by their content, the court reasoned that respondents' publications had "high value" for purposes of the Fox "reasonable fit" test. 946 F. 2d 464, 471 (CA6 1991) (italics omitted). Applying that test, the Court of Appeals agreed with the District Court that the burden placed on speech "cannot be justified by the paltry gains in safety and beauty achieved by the ordinance." Ibid.9 The importance of the Court of
7 See Sentinel Communications Co. v. Watts, 936 F. 2d 1189, 1196-1197 (CA11 1991), and cases cited therein.
8 In the words of the Court of Appeals: "This 'lesser protection' afforded commercial speech is crucial to Cincinnati's argument on appeal. Cincinnati argues that placing the entire burden of achieving its goal of safer streets and a more harmonious landscape on commercial speech is justified by this lesser protection." 946 F. 2d 464, 469 (CA6 1991). See also id., at 471 ("The [city's] defense of that ordinance rests solely on the low value allegedly accorded to commercial speech in general").
9 The Court of Appeals also noted that the general ban on the distribution of handbills had been on the books long before the newsrack problem arose. Id., at 473.
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