Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 37 (1993)

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446

CINCINNATI v. DISCOVERY NETWORK, INC.

Rehnquist, C. J., dissenting

able fit" between its substantial safety and esthetic interests and its prohibition against respondents' newsracks, I would hold that the city's actions are permissible under Central Hudson. I see no reason to engage in a "time, place, or manner" analysis of the city's prohibition, which in any event strikes me as duplicative of the Central Hudson analysis. Cf. Board of Trustees of State University of N. Y. v. Fox, 492 U. S., at 477. Nor do I think it necessary or wise, on the record before us, to reach the question whether the city's regulatory scheme vests too much discretion in city officials to determine whether a particular publication constitutes a "commercial handbill." See ante, at 423, n. 13. It is undisputed, by the parties at least, that respondents' magazines constitute commercial speech. I dissent.

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