Distribution Hypotheticals

1.  The state applies its general sales tax to all publications, without any exemptions. Is this scheme constitutional?

2.  The state’s general sales tax exempts newspapers and magazines. Is this scheme constitutional?

3.  The states applies its general sales tax to all publications with the exception of newspapers which are exempt. Is the scheme constitutional?   

4.  The state applies its general sales tax to all publications with the exception of publications with political or religious content. Is this scheme constitutional?

5.  The state’s general sales tax applies to all publications except those sold for $3 or less. Is the scheme constitutional?

6.  The state exempts publications from its general 6 % sales tax, but imposes a special 3% tax on the sale of publications. Is the scheme constitutional?

7.  A city ordinance forbids distribution of literature of any kind on city streets without first obtaining a permit.  No fee must be paid to obtain a permit.  The city manager must grant a permit request to any person who provides identifying information (name, age, address) and who has not been the subject of a significant number of complaints based on past distribution activities.  Permit requests are to be acted upon within 24 hours. Is the ordinance constitutional?

8.  A city ordinance forbids door-to-door distribution of all unsolicited goods, including the distribution of literature, at private residences within the city unless the owners or occupiers of the property place a sign on their door stating that distributors are allowed. Is the ordinance constitutional?

9.  A city ordinance allows door-to-door distribution of all unsolicited goods, including the distribution of literature at private residences within the city, unless the owners or occupiers of the property place a sign on their door stating that no distributors are allowed. Is the ordinance constitutional?


10.  Under a city ordinance, newsracks are permitted to be placed on city streets.  Which of the following methods of regulation can the city apply to the newsracks?

A.  The operator of a newsrack must pay the city 20% of the revenue it receives from the operation of the newsrack.

B.  The newsracks must meet city design requirements which impose limits on size and appearance.

C.  The newsracks are provided by the city and have a uniform appearance.  They can only be altered to insert the name of the publication contained in the newsrack.

D.  No signage on a newsrack can contain offensive language such as the words fuck and shit or any equally offensive words.  

E.  The operator of a newsrack must pay the city a flat fee of $20 per newsrack per year.

F.  The operator of a newsrack must pay the city a flat fee of $200 per newsrack per year.

G.  The operator of a newsrack must pay the city a flat fee of $2000 per newsrack per year.


11.  The city limits the number of newsracks that can be placed on city streets to avoid visual clutter.  Which of the following limits can the city apply to the newsracks?

A.  The city excludes publications from the newsracks that lack genuine news content.

B.  The city limits each publication to 40 newsracks throughout the city.

C.  The city assigns a maximum number of newsracks to each publication based on its readership.  One newsrack is assigned for every 500 readers.

D.  The city conducts a lottery every two years to assign the 2000 newsrack locations it permits.

E.  The city assigns the 2000 newsracks it permits on a first-come first-served basis.

F.  The city auctions off each of the 2000 newsracks it permits to the highest bidder.


12.  The city manager has the authority to withdraw permission to maintain a newsrack to any newsrack operator if such withdrawal is in the public interest. Is this provision constitutional?

13.  The city manager has the authority to withdraw permission to maintain a newsrack if the newsrack is not adequately maintained in its appearance, mechanical operation, safety and the availability of papers. Is this provision constitutional?

14.  After a recent incident in which explosives were placed in several newracks on city streets injuring a number of people, the city decides to ban all newsracks from city property. Is the ban constitutional?

15.  The city decides that newsrack are a source of visual clutter that is detracting from the attractiveness of the city.  It decides to ban all newsracks from city property. Is the ban constitutional?