City of Sylvania v. Statesboro Publishing Co., Inc.

Freedom of Speech, Freedom of Press - Statesboro Publishing Company delivers a weekly shopper newspaper, the Penny-Saver, without charge to Sylvania city residents by throwing the paper in yards or driveways. To deal with the litter caused by unclaimed papers, the City of Sylvania enacted an ordinance that prohibits distribution of handbills or printed material that is delivered in yards, driveways, or porches of structures within the city. The ordinance makes an exception for mail and paid materials such as newspapers. Statesboro Publishing threatened to sue if the city enforced the ordinance, claiming that the ordinance was an unconstitutional violation of free speech and press under both the United States and Georgia state constitutions. The City claimed the ordinance was narrowly tailored to meet the city's interest in preventing litter and brought a declaratory judgment action to have the ordinance declared constitutional.

Plaintiff's Verdict - Trial court upheld ordinance as constitutional.

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Reversed by the Supreme Court of Georgia. See 516 S.E.2d 296 (Ga. 1999). Note that the above cited date is the date of appellate decision and not the trial date. Reported by C.H.