Why does government regulation of news racks raise a First Amendment issue?
When the government regulates news racks, it affects a fundamental delivery device by which publishers convey their informative products to the public. Many people purchase or pick up newspapers and commercial handbills from news racks. Racks provide an easy way for many people to obtain these publications. The U.S. Supreme Court has written that news racks “continue to play a significant role in the dissemination of protected speech.”