Uhlfelder v. Weinshall

Andrias, J. (concurring in the result only).

I would affirm for the reasons stated by Justice Stallman, who found, in pertinent part, that the provision in Local Law No. 64 (2003) of the City of New York requiring new licensees to pay the franchisee for the cost of constructing the new newsstands does not constitute an impermissible burden on First Amendment activity. Plaintiffs argue that there is no authority for the proposition that a governmental agency may require licensees to pay tens of thousands of dollars to a franchisee in order to engage in First Amendment activity. However, as…